In an ideal world, child custody matters would always be settled easily and amicably. Unfortunately, that is not reality for many families. Legal battles over child custody can be long and contentious. If you are facing a difficult child custody situation in Conroe or the surrounding area, you need an experienced Conroe high-conflict custody lawyer to represent you.
At the Walke-Wilson Firm, we pride ourselves on being strong advocates for our clients and their interests. We leverage our extensive knowledge of family law and confidence in the courtroom to help families reach arrangements that promote peace and consistency. We know that family law matters can be overwhelming and feel all-consuming. When walking into our Woodlands office, our clients feel supported, seen, and heard.
Child custody arrangements encompass both physical possession of a child and legal conservatorship. A physical possession arrangement governs the amount of time the child spends living with each parent, whereas the conservatorship arrangement dictates who has the legal right to make decisions about the child’s care.
Under Texas law, there are three distinct types of conservatorships that can apply to child custody cases:
In Texas, the default is to give the parents a joint managing conservatorship. This is assumed to be the appropriate arrangement for the child and the most equitable for the parents. As far as possession is concerned, it is typical for one parent to be the custodial parent, with the child living with them most of the time. The non-custodial parent then gets specified time with their child.
Texas employs a framework known as a standard possession order, though it can be modified to suit the needs of individual families. The standard possession order provides a pre-scheduled calendar for sharing possession of a child. Standard possession order schedules account for holidays and school vacations, as well.
A custody arrangement must be signed by a judge to be legally enforceable, but when parents can agree and communicate respectfully, things can go smoothly. In fact, over 90% of custody cases are settled without ever going to court. Unfortunately, that is not always the case.
A child custody case can be high conflict when the parents do not agree on who should have possession or conservatorship, or both. Each parent may want to be the custodial parent, and sometimes one parent believes it is in the child’s best interest to be the sole managing conservator as well.
Some situations that could result in a high-conflict custody case include the following:
In most cases, Texas courts favor joint managing conservatorships and standard possession orders in child custody matters. If you believe it is in the best interest of your child to challenge that procedure, or if you need to defend your parental rights, you should hire a high-conflict custody lawyer to help you present your case.
The cost for a child custody lawyer in Texas can vary widely depending on the specifics of the case. Complex cases can take much longer to settle, incurring higher fees. Whether or not your case proceeds to court can increase the cost of your case. The experience and location of the attorney can also affect the cost of a child custody attorney. Consult with an attorney to determine their fee structure.
Statistically, mothers win custody of children more often than fathers. In around 80% of child custody cases, the mother is the custodial parent. However, this does not mean that fathers cannot win custody. Courts are obligated to always act in the best interest of the child. Although gender bias may be a factor, your attorney can help you build a strong custody case.
Proving parental alienation in court requires documentation. You should save every piece of evidence you can, including text messages, voicemails, social media content, and written communication. It may also be beneficial to keep a personal log of any in-person incidents or verbal remarks. The important thing is establishing that the alienating behavior is a pattern.
Both parties pay for child custody court. Each party often has its own attorney, which usually represents the bulk of the cost. Other fees include court filing fees, any court-ordered evaluation fees (psychological, medical, etc.), and mediation costs, among other possibilities. These fees might be allocated by the judge to the appropriate party, depending on the action being taken.
A custody battle is just that – a battle – but you do not have to fight it alone. At the Walke-Wilson Firm, we know what is at stake, and we want you to move forward into the future with confidence and assurance that you are doing what is right for your child. Contact us today to set up a consultation and take the first step toward consistency and stability for your family.