Tag Archives: child custody

Supervised Visitation in Texas

Texas courts want both parents to have a fulfilling relationship with their children, whether married or divorced. But there are some times when protecting parental visitation rights can be difficult—like when allegations of emotional or physical abuse are present, when a parent struggles with mental health or substance use issues, or when there is a likelihood of child abduction by a parent.

In those cases, Texas courts may order something called “supervised visitation.” During supervised visitation, the parent is not allowed to be alone with the child. Instead of meeting alone at the parent’s home, for example, the parent and child may spend time together at another location where someone else is present. That person may be:

  • A neutral third party, like a neighbor or relative
  • The other parent
  • A paid professional at an agency
Supervised Visitation in Texas
817-799-7125 – In some situations, like when allegations of abuse are present, Texas courts order supervised visitation to protect the best interests of the child.

How It Works: Supervised Possession Orders

If there are concerns about a child’s safety, a judge may issue a Supervised Possession Order. The Supervised Possession Order attaches to a divorce decree or child custody order and states that both parents must follow it.

Typically, it will list the names of both parents and say that restrictions or limitations on a specific parent’s custody are required to protect the best interests of the child. The order then lays out the terms of visitation, including where the visitation will take place.

Supervised Visitation Centers

Many co-parents choose to have supervised visitation take place at a supervised visitation center. In Tarrant County, there are many options to choose from. The Texas Attorney General keeps a directory of access and visitation locations to choose from, and we can make a recommendation for your family based on our experience, too.

Unfortunately, there is a cost associated with using a supervised visitation center. Usually, the parent requiring supervised visitation must pay the fee. Although the fee can be a deterrent for some families, most parents find they would do anything to protect their relationships with their children while keeping them safe and secure.

Talk With an Attorney About Supervised Visitation

The law on supervised visitation and child custody is very complicated. The best way to get answers about your situation is to talk with a lawyer. Start by calling the Arlington office of the Schneider Law Firm, P.C., at 817-799-7125 . Consultations with our attorneys are confidential. We can answer your questions and take action to protect your children and your relationship with them.

Source:

https://texaslawhelp.org/article/child-visitation-possession-orders#toc-5

The Children’s Bill of Rights in Texas

In any legal matter that affects your child—whether it’s a divorce, a paternity proceeding or the modification of an existing court order—your child has the right to be a child, free from the fighting that can overwhelm adults’ lives.

Texas has created a “Bill of Rights” for children, helping them live their lives as kids without getting caught up in adults’ legal affairs. They encourage parents to share the Bill of Rights with all the adults in their child’s life, including babysitters, grandparents and stepparents. All adults in the child’s life are expected to conduct themselves accordingly.

What Is the Children’s Bill of Rights?

The Children’s Bill of Rights is a list of 31 bullet points. Each one outlines behavior that’s expected of the adults in a child’s life. Essentially, it’s a list of “do’s and don’ts.” It can really help things run smoothly in child custody matters, and following the Bill of Rights can help your kids stay happier throughout the divorce process.

What Are My Child’s Rights?

The Children’s Bill of Rights lists out many different rights that your child has, generally including things like:

  • Parties involved in the child’s life shouldn’t badmouth each other or say foul or abusive things in front of the child.
  • Parties shouldn’t let children overhear detailed legal arguments or negotiations.
  • Parties should let the child use the telephone to talk with the other parent.
  • Parties shouldn’t attempt to influence the child to like one parent over the other.
  • Parties should let the child hang pictures of the other parent or other family members in the child’s room.
  • Parties should not trivialize or deny the existence of the other parent to the child.
  • Parties should acknowledge that the child has two homes.
  • Parties shouldn’t communicate moral judgments about a parent’s lifestyle choices to the child.
The Children’s Bill of Rights in Texas | Schneider Law Firm, P.C.
817-755-1852 – Texas has created a “Bill of Rights” for children, helping them live their lives as kids without getting caught up in adults’ legal affairs. Call our Ft. Worth law office for more info today.

Contact Us to Protect Your Child’s Rights

When we represent parents in divorces, we work hard to help minimize the impact of the legal matter and to resolve things as quickly and effectively as possible. That way, parents can move forward and successfully co-parent the people they love most in the world: their children.

If you have concerns about how a divorce may affect your child, talking with an attorney is the best way to get answers and protect their rights. For a confidential consultation, call our Ft. Worth law office at 817-755-1852.

Source:

https://newtools.cira.state.tx.us/upload/page/6803/docs/District%20Court/childrens_bill_of_rights.pdf

Divorce is Not the End of the World (Even Though it Can Feel Like It)

Divorce is Not the End of the World (Even Though it Can Feel Like It)

The psychological literature is clear: Divorce can be extremely stressful—for everyone involved, from the parents to the children. Psychology Today cites our unique ability to make up stories (as human beings) as a major factor in how we deal with stress. For many people, a difficult marriage headed toward divorce is a “story” about disappointment and failure. That story can cause significant stress—but it’s just that: a story. 

And we all have the power to change the stories that we tell ourselves.  

Seek Out an Objective Viewpoint

The old phrase “losing the forest for the trees” applies here. We are all at risk of losing the forest for the trees when we are muck-deep in our day-to-day reality, especially when we’re facing the particular stresses of divorce and its related concerns like talking with your kids about it. It can be hard to maintain your objectivity. 

In fact, it can feel like divorce is the end of the world. Your story then becomes a story about how your spouse wronged you, how your children will never recover, and so on. But nothing could be further from the truth.

An objective viewpoint—from a divorce lawyer, a family therapist, a psychologist—can give you the space you need to evaluate your situation with a level head, as well as a roadmap for moving forward. That’s one of the primary reasons you should see a trusted advisor.   

Changing the Story About Your Divorce

As divorce and family law attorneys, we help our clients evaluate their stories. Sometimes the stories are accurate. Often, only parts of the story are true, while other parts aren’t so true. Frankly, it is next-to-impossible to maintain an objective viewpoint on your own, and so it’s no surprise to find that your story isn’t entirely true. 

For example, you may say to yourself: “I’m going to lose my relationship with my kids.” Or: “I’ve never handled the finances and I stayed at home to raise the kids. I’m going to be out on the streets.” These are all valid concerns—but these concerns are exaggerated. 

While it’s true that divorce can strain family relationships, as one example, the key is to reflect on the fact that there is life after divorce. Divorce is not the end of the world. You and your family will continue to exist afterward. The question is: What steps will you take to ensure that you maintain a good relationship with your kids? Because that is more than possible.

Tell Us What Worries You

From our office in Ft. Worth, our role at Schneider Law Firm, P.C., is to provide the answers and insight that you need to maintain your objectivity and take solid steps for your future. Call 817-755-1852 today for a confidential consultation.

Source: Psychology Today: Where Are You On The Divorce Stress Scale?

Child Custody: What Texas Family Courts Consider

Child custody is often the most emotionally charged issue in a divorce. “How will this affect the kids?” is the first thing most parents wonder about divorce. And fear of losing time with a child can be devastating.
In Texas, there are several things that family courts consider when making decisions about child custody. Here’s an overview from the lawyers at our Ft. Worth law office.

Conservatorship, Possession and Access

Texas divides child custody into two categories: conservatorship and possession/access:

  • Conservatorship is the right to make important decisions about your child’s life. These include decisions about where your child will go to school, what medical treatment they will receive and what religious practices they will follow.
  • Possession and access are where the child spends his or her time. The court may decide which parent the child will live with most of the time, as well as how often the other parent spends time with the child.

The “Best Interests of the Child”

When deciding child custody matters, Texas courts use a “best interests of the child” standard, which was outlined in a case called Holley v. Adams. The case involved termination of parental rights, but courts have said that they should apply in all child custody cases.
There are many factors listed in Holley, including:

  1. The desires of the child
  2. The physical and emotional needs of the child now and in the future
  3. Any emotional or physical danger to the child
  4. The parental ability of the person seeking custody
  5. Programs available to help the parent and child
  6. Plans for the child by the parent seeking custody
  7. Acts of omission by the parent that might indicate the parent/child relationship is troubled

Each Case Is Different

Each child custody case is different. For example, when judges apply the “best interests of the child” standard to very young children, they often give the child’s preferences less weight than they would if the child was older. Older kids get more of a say in where they would like to live and who they would like to make their decisions.
Conversely, with babies, courts consider how well the parent is prepared to deal with the baby’s basic needs–like eating, sleeping and having diapers changed. These things naturally become less of a concern as the child grows older.

Questions About Your Child Custody Case? Ask a Lawyer.

Because each case is different, it’s important to talk with an attorney about the facts of your case. Don’t just rely on internet research. Instead, schedule a confidential consultation. You can get started by contacting the Ft. Worth office of the Schneider Law Firm, P.C., at 1-817-755-1852.

Source