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DIVORCE
CHILD CUSTODY
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Texas Child Custody: Protecting the Best Interests of Your Children
Child custody is rarely ever a simple matter. However, there are certain factors that can make child custody even more complex. Cases involving children with special needs, one or both parents in the military, parental relocations, substance abuse, or domestic violence issues require careful consideration with the assistance of a divorce attorney with experience in complex child custody cases.
Carter Morris, LLP is a Houston family law firm dedicated to protecting the rights and best interests of children. Though we strive to help you resolve your child custody issues through negotiation and mediation, we understand that this is not always possible. In complex child custody cases, it can be especially challenging for parents to come to an agreement on key issues concerning their children. If a trial is in your best interests, you can rest assured that we are fully prepared to take your case into the courtroom.
We have extensive experience representing children and parents throughout the state of Texas with challenging child custody cases. Many of our attorneys are board-certified in family law by the Texas Board of Legal Specialization, which signifies their competence in their area of law. Call 713-626-3345 or contact us online to discover how we may be able to assist you with your case.
Southeast Texas Children Attorneys and Children With Special Needs
A child’s best interests are always the most important consideration in a child custody dispute. Our goal is to help you reach a child custody agreement that protects your children and your rights as a parent. Our firm handles complex custody cases involving:
Child relocation
Children with special needs
Parents in the military or with unusual work schedules
Substance abuse
Domestic violence
Non-traditional families
Joint/shared custody
Our lawyers work with experts, including child psychologists and physicians, to help ensure that the best interests of your children are preserved, regardless of the complexity of your situation. We can handle all aspects of your divorce, including child support and property division.
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To discuss your case with one of our seasoned attorneys, contact us online or call the firm at 713-626-3345.
Emergency and Temporary Orders – Houston Divorce
The period of time after filing a petition for divorce or another family law matter is filled with change and uncertainty. Emergency and temporary orders are powerful tools to help ensure your emotional and physical safety and protect your financial security until permanent orders are issued. If you are seeking a temporary or emergency order in Texas, you need an experienced attorney on your side who can respond to your needs quickly and effectively.
Automatic Dissolution Action Stay
Upon service of a Summons and Petition or praecipe filed under the Illinois Marriage and Dissolution of Marriage Act, or upon the filing of the respondent’s appearance in the proceeding, whichever first occurs, a dissolution action stay shall be in effect against both parties, without bond or further notice, until a final judgement is entered, the proceeding is dismissed, or until further order of the court:
restraining both parties from physically abusing, harassing, intimidating, striking, or interfering with the personal liberty of the other party or the minor children of either party; and
restraining both parties from concealing a minor child of either party from the child’s other parent. (750 ILCS 5/501.1) Sec. 501.1.
Emergency and Temporary Orders in Southeast Texas
During a family law proceeding, parties may do things to hurt each other such as restricting the other person’s access to the children, incurring unnecessary debt on joint credit cards or disposing of assets. Temporary and emergency orders provide important protections for clients who are going through a divorce or other family law matter.
A temporary order establishes guidelines that both parties must abide by while your case is pending. The “Temporary Relief” statute (750 ILCS 5/501) spells out the petitions and temporary restraining orders available under the Illinois Marriage and Dissolution of Marriage Act, including:
Child custody and visitation
Spousal support (maintenance)
Child support
Child relocation
Insurance and medical coverage
Asset preservation
Domestic violence
Companion animals
If your spouse has abused you or your children, we can help you seek an emergency order to protect you from domestic violence. You also may be able to file an emergency order to obtain emergency custody of your children if their well-being is at stake.
The Temporary Relief statute, 750 ILCS 5/501, empowers the court to preserve your marital assets through the judicious exploitation of resources.
At Carter Morris, LLP, we have the resources and experience to immediately seek emergency and temporary orders for our clients throughout the state of Texas. Our board-certified family law lawyers are committed to helping you protect your and your children’s physical and financial well-being during divorce. For immediate assistance with your most pressing needs for emergency and temporary orders, call us at 713-626-3345.
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To learn more about temporary and emergency orders, contact us online or call the firm at 713-626-3345.
Houston Family Lawyers Handling Cases of Child Relocation
The world of today’s child is far different than that of a child growing up twenty or thirty years ago. Things are much more fast-paced. Divorce is common. The “nuclear family” no longer exists. Moving is no longer just across town. It may encompass relocating across the state, country, or even the world.
As if the hassle of moving is not enough on its own, divorced parents who share their child’s time via a child custody agreement can face further issues and complications. In most cases, a custodial parent cannot relocate their child without first clearing it with the other parent and the courts.
At Carter Morris, LLP, in Houston, Texas, we work with parents seeking child relocation or those opposing a child move-away. We recognize each child relocation case is unique and work to understand the solution that best suits you and your child. Contact us to discuss your options with an experienced family law attorney.
Factors Impacting Child Relocation in Texas
When parental relocation becomes an issue in your child’s life, it may be necessary to seek a modification of your original child custody orders. Many factors need to be considered, including:
The distance of the move
The reasoning behind the relocation of a child
The impact on visitation with the other parent
Opportunities available for the child
When working with clients facing child relocation in Texas, our firm strives to resolve matters through negotiation or mediation. You know your child and his or her needs better than a family court judge unfamiliar with your situation. However, when a mutually acceptable agreement cannot be reached, our attorneys do not hesitate to bring your case into the courts.
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Whether you are a parenting seeking to relocate with your child or a parent attempting to stop a move from taking place, you need to protect your rights. Carter Morris, LLP will stand beside you from day one of your case through to a resolution. Call us at 713-626-3345 or contact us by e-mail.
Unmarried Parents’ Custody Rights in Texas
Parents who were never married have the same rights and responsibilities as parents who are married or divorced. However, unmarried parents must establish the father’s parentage in order to obtain and enforce child custody and child support orders.
Child custody disputes between unmarried parents can involve a wide range of emotions. Unlike married parents, unwed parents may not have lived together or shared parental responsibilities. This can cause significant stress for the parent who is being forced to share custody of the child or for the parent who is now facing child visitation and support responsibilities.
The Houston attorneys of Carter Morris, LLP understand the unique custody challenges faced by unmarried parents. We compassionately represent mothers and fathers throughout the state of Texas in child custody disputes. Our family law attorneys bring a wealth of knowledge and experience to each case. If you need assistance with a child custody dispute in Texas, call us at 713-626-3345.
Southeast Texas Unmarried Parents’ Custody Rights
At Carter Morris, LLP, we are dedicated to protecting the rights and best interests of your children. We are deeply familiar with the unique issues that arise in child custody disputes between unwed parents, including:
Paternity: If you are the father, we can assist you in establishing paternity and petition the court for visitation and child custody rights. If you are seeking to establish paternity for the purpose of obtaining child support payments, we will assist you in filing a petition with the court requiring the father to submit to DNA testing.
Custody and visitation: Once paternity is established, the father may petition the court for custody and visitation rights. We represent fathers and mothers seeking custody of their children. In cases where one parent has not been involved in the child’s life, we can help you create a visitation schedule that gradually increases that parent’s time with the child.
Your child custody dispute does not have to result in time-consuming and expensive litigation. Through negotiation, mediation and collaborative law, our lawyers can help you and your child’s other parent come to an agreement that protects your child’s best interests and your parental rights.
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To discuss your case with one of our experienced attorneys, contact us online or call 713-626-3345.
Texas Paternity Laws
Our Houston Lawyers Will Help You Navigate Texas Paternity Laws
When matters of paternity come into question, they are often surrounded by strong emotions. Each side is looking out for their best interests and hopefully, that of the child as well. This can lead to contentious arguments concerning child support guidelines and custodial schedules.
Mothers look to Texas paternity laws to assist in achieving child support payments to aid in raising their children. Fathers or potential fathers may be wishing to dispute claims of paternity, or may wish to establish a plan for spending time with their biological child.
At Carter Morris, LLP in Houston Texas, we work with both sides of the equation. Our attorneys understand the nuances of Texas paternity laws. They represent mothers seeking to establish legal paternity as well as fathers wishing to defend actions against them or gain visitation rights to their child.
To discuss your concerns and how they relate to current Texas paternity laws, contact our firm at 713-626-3345.
What is a Texas Paternity Action?
A paternity action defines a legal relationship between a child and a parent. A majority of paternity cases arise in situations involving unwed parents. However, some divorce cases may also include concerns surrounding paternity.
If there is a question as to who a child’s father is, either a mother or probable father can request genetic testing to determine paternity. Once a legal relationship between a father and child has been established, the father is entitled to both parental rights and responsibilities, including child support.
Texas Paternity Cases: Options for Resolution
A Texas paternity case does not have turn into a heated courtroom battle which costs those involved both excessive time and money. Our firm is committed to resolving family law cases through negotiation and mediation whenever possible.
Following the results of genetic testing, we strive to help you and the other party reach a mutually acceptable agreement. However, when a decision cannot be made through alternative methods, we do not hesitate to aggressively represent your needs in front of a judge or jury.
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If a question of paternity has become a concern in your life, do not hesitate to speak with a lawyer knowledgeable in paternity law. Call us at 713-626-3345 or contact us by e-mail.
Solidifying a relationship with a stepchild through stepparent adoption is a rewarding experience for the entire family. Not only does adoption give the stepparent the same rights and responsibilities as a biological parent, it also cements the special bond that has been created between stepparent and child.
At Carter Morris, LLP, we are proud to assist families in greater Houston and throughout the state of Texas with stepparent adoptions. Our Houston stepparent adoption attorneys have years of experience handling these complex and rewarding cases. We are committed to helping you complete your family through stepparent adoption.
Stepparent Adoption and Termination of Parental Rights in Texas
Stepparent adoption and relative adoption are the most common types of adoption in Texas. Most stepparent adoptions occur when the child’s other biological parent is absent, either due to death or voluntary termination of parental rights. In these types of cases, it is fairly simple for the stepparent to adopt the child. We will help you file the paperwork and prepare for the adoption hearing to ensure the process goes smoothly.
When the biological parent does not voluntarily terminate parental rights, stepparent adoption becomes more complicated. Our lawyers can help you file for termination of the other parent’s parental rights. Grounds for involuntary termination of parental rights include but are not limited to abandonment, placing the child in conditions that endanger the child and failure to support the child.
Generally speaking, the Texas courts are reluctant to terminate parental rights unless there is a stepparent willing to adopt the child.
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If you are considering a stepparent adoption, Carter Morris, LLP is here to guide you every step of the way. To schedule a meeting with one of our lawyers, contact us online or call 713-626-3345.
Houston Grandparents’/Relatives’ Visitation Rights
During a divorce or child custody dispute, the relationship that grandparents once enjoyed with their grandchildren may be threatened. However, grandparents and other relatives may have rights to child visitation in certain circumstances. This a complex and ever-changing area of family law that is best navigated with a skilled Houston attorney with experience in grandparents’/relatives’ visitation rights on your side.
At Carter Morris, LLP, we understand how special your relationship is with your grandchildren. We know that you may even be raising your grandchildren. We are committed to helping grandparents and other relatives throughout Texas protect and maintain these special relationships. Our attorneys bring a wealth of knowledge and experience to each grandparents’/relatives’ visitation rights case. Several of our attorneys are board-certified in family law by the Texas Board of Legal Specialization.
If you are a grandparent struggling to maintain a relationship with your grandchild during or after your child’s divorce, call us at 713-626-3345 to learn about your options and rights.
Attorneys who Understand Grandparents’/Relatives’ Visitation Rights in Southeast Texas
During a divorce or separation or following the death of a parent, a grandparent’s relationship with his or her grandchildren can be significantly strained. If one parent has sole custody, the relationship may be permanently severed.
The U.S. Constitution protects a parent’s right to raise his or her children without interference from others. In some cases, however, a judge may grant visitation with a grandparent or other relative if it is in the best interests of the child and:
The parental rights of at least one of the parents have not been terminated; and
Your child (the parent of your grandchild) has been incarcerated for three months, has been found incompetent or is deceased; or
The parents of your grandchild have filed for divorce or have been living separately for three months.
If both of your grandchild’s parents are found to be incompetent or are deceased, you may be able to obtain custody of your grandchild. Our lawyers will help you understand the laws and vigorously protect your interests.
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To discuss your case with one of our seasoned attorneys, you may contact us online or call 713-626-3345.
Unfortunately, child custody and visitation disputes often continue between mothers and fathers after a divorce. In these cases, one parent often seeks a change of child custody or a change of visitation provisions contained in an existing custody order (in Texas referred as a parenting plan).
Custody and visitation disputes may also involve grandparents, step-parents and third parties with an interest in the welfare of a child. Anyone involved in a contested custody dispute or visitation dispute should contact an experienced family law attorney who can provide dependable legal representation.
At Carter Morris, LLP, we offer experienced legal representation for people seeking or opposing a custody or visitation modification. If you need help with a custody or visitation matter, call our office in Houston, Texas, at 713-626-3345.
Custody Modifications
When a motion for modification of custody is considered by a court in Texas, the judge will consider the welfare of the child and the proposed grounds for a change of custody. Courts are reluctant to make a change of custody without sufficient cause. It is important, therefore, to consult with an experienced attorney to determine if you have a valid basis for a motion for modification of custody.
Potential grounds for a change of custody may include physical abuse, sexual abuse, neglect, drug dependency by a parent, alcohol dependency that causes a parent to be unfit, and other parenting issues that may result in physical or emotional damage to a child.
Visitation (also known as “possession and access”) Disputes
The visitation provisions of an existing divorce order or paternity order entered in the past may no longer serve the best interests of the child. In the event that changed circumstances have rendered a previous order unmanageable, you may need to file a motion for modification of visitation. The lawyers at Carter Morris, LLP have extensive experience in custody and visitation modifications. If you need to speak with an attorney about filing or opposing a motion for change of custody or visitation, we encourage you to contact our Houston office for assistance.
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To speak with an attorney or schedule an appointment, call Carter Morris, LLP at 713-626-3345.For assistance online, contact us by e-mail.
