Paternity Must Be Proactively Established

Paternity is legal fatherhood in Texas. For married couples, it is automatically established. However, that is not the case for unwed couples, even if they are actively in a relationship and the father attends the birth of the child. Paternity must be established proactively. The law recognizes two primary paths.

• No Dispute: Both parents may sign an Acknowledgment of Paternity (AOP) under the Texas Family Code, often at the hospital or later through the vital statistics unit. This is the easiest option and the right choice if there is no dispute.
• Dispute: If paternity is disputed or no AOP exists, a court must adjudicate parentage in a Suit to Adjudicate Parentage. Genetic testing is often used to resolve disputes. Still, until paternity is established, the mother generally holds sole legal authority over the child.

You are Not By Law Required to Have a Formal Parenting Plan

Texas does not require unmarried parents to maintain a written parenting plan outside of a court order. Parents may reach informal agreements regarding possession schedules, decision-making, and financial support. Those agreements can sometimes function well in practice, especially where unmarried parents are together as a romantic couple.

A Parenting Plan Can Be Very Beneficial for Separated (Unmarried) Parents

A well-drafted parenting plan provides structure and reduces ambiguity. Texas courts use the concepts of conservatorship, possession, and access rather than traditional custody labels. Parents may agree to joint managing conservatorship, allocate decision-making authority, and adopt a possession schedule tailored to the child’s needs. A detailed plan addresses exchange logistics, holiday schedules, communication protocols, and dispute resolution methods. 

A Formal Parenting Plan is Required if there is Any Lawsuit Affecting the Relationship

Once a Suit Affecting the Parent-Child Relationship (SAPCR) is filed in Texas, a formal, court-approved parenting plan becomes mandatory. To be clear, the term SAPCR includes paternity suits, custody suits, and child support suits. The court must enter orders governing conservatorship, possession, and child support. Those orders carry the force of law and are enforceable through contempt proceedings. Texas courts apply the best interest of the child standard in these cases. 

Call Our Houston, TX Unmarried Child Custody Lawyer Today

At Lindamood & Robinson, P.C., our Houston child custody attorney has the knowledge and experience that unmarried parents can trust. If you have any questions about formal parenting plans, we are here to help. Contact us today for a completely confidential, no obligation initial consultation. With an office in Houston, we handle child custody cases in Harris County, Montgomery County, Galveston County, and Fort Bend County.

Source:

cdc.gov/nchs/state-stats/births/unmarried-mothers.html

Know Your Terms: Conservatorship

As background, it is useful to know that Texas technically does not use the term “custody” as official legal terminology. Instead, the Texas Family Code refers to parental rights and duties as “conservatorship.” The concept is largely the same. There are two main forms:

• Joint managing conservatorship; and
• Sole managing conservatorship.

In most cases, Texas courts presume that joint managing conservatorship is in the child’s best interests. That means that both parents share major decision-making responsibilities such as education, medical care, and moral upbringing. That parents were not married is not a factor.

Paternity Must Be Proactively Established

For unmarried parents, paternity is not automatically presumed. Before the court can issue a custody or child support order, legal fatherhood must be established. In Texas, paternity can be established voluntarily through an Acknowledgment of Paternity (AOP) signed by both parents and filed with the Bureau of Vital Statistics. If there is disagreement or uncertainty, paternity can be established through a court proceeding. Genetic testing will often be used to resolve the dispute.

Key Point: If legal paternity has not been established, then a man cannot claim custody right in Texas. Paternity is the basis of legal fatherhood. It is required for legal rights and legal responsibilities, including child custody and child support.

The Best Interests of the Child is the Foundation of a Custody Case

Under Texas Family Code § 153.002, the best interests of the child control every custody decision. That is the primary factor: What is best for the child’s health, safety, well-being, and development. Courts evaluate multiple factors, including the child’s emotional and physical needs, the stability of each parent’s home environment, the ability of each parent to provide care, and the level of cooperation between parents. The child’s wishes may also be considered if they are twelve or older.

Marriage is not a factor when applying the best interests of child criteria in Texas. The law does not favor either parent based on gender or marital status. What matters is each parent’s capacity to act in the child’s best interests. It is important to emphasize that unmarried parents (both mothers and fathers) have the same rights and obligations as married ones once paternity is confirmed. 

Call Our Houston, TX Child Custody Lawyer for Unmarried Parents Today

At Lindamood & Robinson, P.C., our Houston child custody lawyer for unmarried parents is a compassionate, experienced advocate for clients. Do you have any questions about child custody rights? Please contact us today for your strictly confidential, no obligation case review. With an office in Houston, we represent unmarried parents in custody cases throughout the area.

Parents Should Know What Parenting Plans are and How They Work

The Office of the Attorney General of Texas explains that parenting plans are designed to serve the best interests of the child. A parenting plan comes as part of an agreement (or court order) that clarifies the rights and responsibilities of the parties in regards to custody and visitation.  While the courts have standard guidelines, such as the Standard Possession Order (SPO), parents are absolutely not locked into a one-size-fits-all arrangement. Instead, Texas law allows a significant degree of flexibility. You can customize a parenting plan in Texas.

An Overview of the Areas Where Parents Have Flexibility

In Texas, parents have wide latitude to customize many aspects of their parenting plan. Among other things, this includes determining weekday and weekend visitation schedules, dividing holidays and vacation periods, and setting rules for communication when the child is not physically present with one parent. Beyond that, parenting decision-making authority can also be tailored to meet the needs of the parties. Some parents choose joint decision-making on all major issues, while others divide responsibility by category. Finally, even logistical matters, such as pick-up and drop-off locations, can be customized to reduce conflict and promote stability.

Note: When both parents agree, the court in a Texas custody/visitation case will usually approve a customized parenting plan. Though, it still must serve the best interests of the child.

Are There Limits On Your Ability to Customize a Parenting Plan in Texas?

Yes. While Texas law permits significant flexibility to allow parents to reach their own preferred outcome, there are some limits. Most notably, parents in Texas cannot create terms that violate state law. Further, they cannot impose any terms that undermine a child’s health or safety, or unreasonably restrict a parent’s access to the child.

For example, a court is unlikely to approve a plan that deprives one parent of meaningful visitation without a compelling reason, such as evidence of abuse, neglect, or substance abuse issues. Along the same lines, while parents may agree to highly creative or unusual schedules, a Texas court can reject any arrangement that appears impractical or contrary to the child’s emotional or developmental needs.

The Bottom Line: The customization of a parenting plan is highly encouraged in Texas. However, a court could block certain provisions if they are not in the best interest of the child(ren).

Call Our Houston Parenting Plan Attorney Today

At Lindamood & Robinson, P.C., our Houston parenting plan lawyer is committed to solving problems. If you have any questions or concerns about your ability to customize a parenting plan, please do not hesitate to contact us today for a confidential consultation. From our Houston office, we provide family law services throughout the region in Southeast Texas.

Source:

texasattorneygeneral.gov/sites/default/files/files/child-support/Parenting%20Together/coparenting.pdf

Tip #1: Demonstrate a Stable Environment 

Stability is one of the most important factors Texas courts consider when deciding custody. A child thrives in a consistent home where routines are predictable, school attendance is reliable, and financial needs are met. You can show stability by maintaining steady housing, a regular work schedule, and clear household rules. For instance, if you have lived in the same Houston neighborhood for years and your child attends the same school with good attendance, that demonstrates stability. Though, that is just one example. Stability can be shown in many ways.

Tip #2: Put Your Child’s Health and Well-Being First

Your child(ren) should be centered. Your child’s health (physical and emotional) must always come first. Courts look closely at whether parents are willing and able to put a priority on things like medical appointments, proper nutrition, and mental health support. You can demonstrate this by making sure that your child attends doctor visits, gets counseling if needed, and has access to healthy meals. For example, a parent who consistently takes a child with asthma to the doctor, provides medication on schedule, and communicates with the school nurse shows a strong commitment to health. 

Tip #3: Cooperate With Your Co-Parent 

The ability to work respectfully with your co-parent shows that you are willing to put your child’s needs above personal conflict. Texas courts often view cooperation as evidence that you can provide a healthier environment. Among other things, you should share  information, be flexible when emergencies arise, and avoid negative comments about the other parent in front of your child. For example, if your co-parent is delayed picking up your child due to traffic, something simple like making a voluntary adjustment to the schedule for them without a big fight can be great evidence of cooperation.

Tip #4: Be Involved With Your Kid’s Life

Active parental involvement is a key sign that you can provide the best environment. Children benefit when parents take interest in their schooling, activities, and friendships. You can prove involvement by attending parent-teacher conferences, showing up at extracurricular events, and supporting your child’s hobbies. For example, regularly helping with homework, cheering at soccer games, and celebrating birthdays all highlight meaningful engagement. 

Call Our Houston Child Custody Attorney Today

At Lindamood & Robinson, P.C., our Houston child custody attorney has the knowledge, skills, and experience that you can rely on when it matters most. If you are preparing to prove that you can provide the best environment for your child, please contact us today for a confidential case review. With an office in Houston, we handle custody and visitation cases across the region.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#:~:text=1%2C%201999.-,Sec.,and%20access%20to%20the%20child.

Conservator (Conservatorship)

You hear the word conservator or conservatorship used in Texas courts instead of “custody.” The term “conservator” refers to a parent or guardian who has legal rights and responsibilities for a child. Conservatorship is the legal framework that determines decision-making authority over issues such as education, health care, and general welfare. Texas law recognizes different types of conservatorship, including joint managing conservatorships (joint legal custody) and sole managing conservatorships (sole legal custody).

Possession and Access

Possession and access are terms used to describe the legal schedule for when a parent spends time with their child. In Texas, this is often called visitation, but the law prefers the more precise term. One parent could have primary possession of a child while the other parent has access to the child. Courts typically issue a Standard Possession Order unless parents agree on a different arrangement that serves the child’s needs.

Standard Possession Order (SPO) 

The Standard Possession Order is the default schedule that Texas courts use to set out when each parent spends time with the child. Along with other key points, the SPO outlines weekends, holidays, and summer vacation. Unless the parents agree to a different arrangement, the SPO applies in most cases. With that being said, courts in Texas can adjust the schedule to account for the child’s age, school schedule, or other special circumstances.

Best Interests of the Child

Texas is a best interests of the child state (Texas Family Code, Section 153.002). In custody and visitation cases in Houston and elsewhere in Southeast Texas, courts may consider many factors, including the child’s safety, emotional needs, and the ability of each parent to provide stability. It is a comprehensive standard of evaluation.

Guardian Ad Litem 

A guardian ad litem is a court-appointed representative who is tasked with being the advocate for the child’s best interests during a custody case. They are not required in every case. Typically, a GAL will only be brought in if there is significant conflict or if there is a complicated case. Unlike a parent, a GAL does not take sides. Their job is to provide an independent assessment. They may interview the child, parents, teachers, or medical professionals to gather insight. Their recommendations help the judge make a more informed custody decision.

Call Our Houston Child Custody Lawyer Today

At Lindamood & Robinson, P.C., our Houston child custody attorney is a skilled advocate for parents and families. If you have any questions about the laws in Texas, please contact us today to set up your completely confidential, no obligation initial consultation. With an office in Houston, we provide child custody representation throughout the entire surrounding region in Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#:~:text=1%2C%201999.-,Sec.,and%20access%20to%20the%20child.

Mistake #1: Not Understanding the Best Interests of the Child Standard

Under Texas law, all custody disputes are resolved with consideration of what is in the best interests of the child. It is crucial that parents in Texas have a comprehensive understanding of how the best interests of the child standard could impact their case. Courts make custody determinations based not on parental preferences, but on what arrangement is best for the health, safety, well-being, and overall development of the child.

Tip: Be prepared to show you can provide a great environment for your child. 

Mistake #2: Refusal to Cooperate With Your Co-Parent 

Even in high-conflict situations, refusing to communicate or work with your co-parent can backfire. Texas courts look favorably on parents who show a willingness to support the child’s relationship with the other parent. If one parent is clearly uncooperative, that is a factor that courts in Texas can and will use against them in a custody case. It is a statutory factor.

 Tip: Make a good faith effort to work with your co-parent on a custody solution. 

Mistake #3: Lack of Organization 

In some cases, parents in Texas run into issues simply because they are disorganized. Accurate records can make a major difference in a custody case. If any issues arise—such as alleged missed visitations, inappropriate behavior, or problems with parental problems—you will want to make sure that they are reasonably well-documented. Evidence can make the difference in a dispute over child custody. “He-said/she-said” cases are more challenging to win.

 Tip: Keep all relevant documents carefully organized. 

Mistake #4: Moving or Making Major Life Changes Without Notifying the Court or Co-Parent 

In Texas, material changes—like relocating a significant distance away with your child—typically require court approval or agreement from the other parent. Making these decisions unilaterally can violate the custody order. With that in mind, you should always consult your custody agreement and, if necessary, a Houston attorney, before a big change.

 Tip: Make sure you are in full compliance with the child custody order/agreement. 

Mistake #5: Putting Your Child in the Middle of the Conflict

 Even when parents are on relatively good terms, a child custody case is still sensitive. It is emotional and there can be raw, intense feelings. With that being said, you should never put your child in the middle of the conflict. To the maximum extent possible, your child(ren) should be protected from the child custody battle. Their feelings matter.

 Tip: Keep conflict with your spouse/ex away from your child as much as possible.

Speak to Our Houston, TX Child Custody Lawyer Today

At Lindamood & Robinson, P.C., our Houston child custody attorney is standing by, ready to protect your rights. If you have any questions about child custody,  please do not hesitate to contact us today for a completely confidential initial appointment. Our firm handles custody cases in Houston, Harris County, and throughout Southeast Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm

Standard Possession Order: Defined 

Broadly defined, a Standard Possession Order in Texas is a court-ordered schedule that outlines when each parent will have possession of and access to their child. Notably, the SPO is presumed to be in the best interest of the child for parents who live within 100 miles of each other. Under Texas law (Tex. Fam. Code § 153.002), all custody and visitation matters are resolved with consideration to what is best for the health, safety, and well-being of the child. The SPO typically grants the noncustodial parent visitation of the child(ren):

• On the first, third, and fifth weekends of each month;
• On Thursday evenings during the school year; and
• For extended time during holidays and summer.

Note: ​When Texas parents live more than 100 miles apart, the Standard Possession Order (SPO) adjusts to accommodate the distance. The noncustodial parent can choose between the traditional first, third, and fifth weekend visits or opt for one weekend per month with at least 14 days’ notice to the custodial parent. Beyond that, the non-custodial parent is generally entitled to every spring break and 42 days of summer visitation under the SPO in Texas.

Parents Have Broad Discretion to Negotiate Non-Standard Time-Sharing 

Every family is unique. The SPO may simply not be the right schedule for you, your co-parent, and your children. Parents in Texas have the flexibility to negotiate a parenting schedule that differs from the Standard Possession Order (SPO) if they can agree on terms that serve the best interests of the child. Courts generally encourage cooperative co-parenting and will approve customized schedules as long as both parties consent and the plan supports the child’s well-being. These non-standard agreements can accommodate unique work schedules, travel needs, or the specific developmental needs of the child. If you have any specific questions about negotiating a non-standard child time-sharing schedule, our Houston custody lawyer can help.

The Bottom Line: The SPO sets the default framework for custody and visitation schedules—but you and your family can always work out a customized arrangement.

Contact Our Houston Child Custody Attorney for a Confidential Consultation 

At Lindamood & Robinson, P.C., our Houston child custody lawyer is committed to helping parents find the best solution. If you have any questions about standard possession orders, please do not hesitate to contact our legal team today for completely confidential, no strings attached initial consultation. From our Houston family law office, we serve clients throughout Southeast Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm

Tip #1: Be Present and Involved in All Aspects of Your Child’s Life 

A big part of parenting is showing up. Parents who are involved in all aspects of their child’s life are able to provide them with a better, more supportive environment that protects their best interests. As a parent in a custody case, you should be ready to demonstrate active participation in every facet of your child’s life. Some examples include:

• Attending school events;
• Scheduling regular doctor’s visits;
• Engaging in their hobbies and interests.

Tip #2: Be Willing to Cooperate With the Other Parent 

In Texas, a parent’s willingness to cooperate in good faith with their co-parent is one of the “best interests of the child” factors. It is often overlooked by parents who are locked in difficult cases. Here is the reality: Courts in Texas favor parents who facilitate a positive relationship between the child and the other parent. You should try to demonstrate your willingness to communicate effectively and make joint decisions about your child’s upbringing. A good faith effort helps.

 Tip #3: Demonstrate that You Can Provide a Stable Home Environment 

Stability is key in custody decisions. Indeed, Texas state policy emphasizes that a stable environment is important for the health, safety, and well-being of both young kids and teenagers. Parents should be ready to prove that they can offer a stable home life that includes consistent routines, emotional support, and a safe living environment. Evidence of a steady job, community involvement, and a supportive network of family and friends can further emphasize stability.

 Tip #4: Show a Willingness to Compromise (When Reasonable)

 Finally, a willingness to compromise can also help parents present a strong case. Joint parenting almost inevitably requires some form of compromise. By showing flexibility in your parenting approach and an openness to adjust custody and visitation arrangements based on your child’s evolving needs, you can help prove that you will provide the best environment for your child.

Speak to Our Houston Child Custody Lawyer Today

At Lindamood & Robinson, P.C., our Houston child custody attorney is standing by, ready to protect your rights and your interests. If you have any questions or concerns about the best interests of the child standard in Texas, please do not hesitate to contact us today for a confidential consultation. From our Houston law office, we provide custody representation across the region.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm

Texas Law Does Not Favor the Mother (Both Parents Have Equal Access Custody Rights) 

In decades past, Texas favored the mother in custody cases. The state used to recognize a policy known as the “tender years doctrine.” The tender years doctrine is a legal principle that historically presumed it was in the best interest of young children to be in the custody of their mothers. In the 1980s, Texas explicitly refuted that principle. The law does not show a preference for mothers over fathers in custody cases. Both parents have an equal right to seek custody.

Note: Texas does not use the term “custody” to describe arrangements for children after a divorce; instead, the terms “conservatorship,” “possession,” and “access” are used. “Conservatorship” refers to the rights and responsibilities of parents, while “possession” and “access” relate to how physical time with the children is shared between parents.

 The Best Interests of the Child is the Top Priority in Custody Case

What is best for the child is what matters in a custody case. Under Texas law (Tex. Fam. Code § 153.002), courts apply the “best interests of the child” standard to resolve custody disputes. The state does not presume that it is better for a child to be with his or her mother (or father) regardless of their age. Indeed, the guiding principle is always the best interests of the child—and gender-based presumptions should not be used by courts. The best interests of the child standard requires courts to consider a wide range of factors that can impact the child’s physical and emotional well-being, including:

• The child’s physical and emotional needs;
• The child relationship with each parent;
• The parental abilities demonstrated by each parent;
• The stability of the home environment; and
• The child’s own wishes if they are of sufficient age and maturity.

The Bottom Line: Texas takes a holistic approach to child custody. The job of the court is to determine what arrangement is in the best interests of the child. Mothers and fathers have equal custody and visitation rights under the law. No inherent preference is given to either parent.

 Contact Our Houston Child Custody Lawyer Today

At Lindamood & Robinson, P.C., our Houston child custody attorneys provide solutions-focused guidance and support to clients. If you have any questions or concerns about a custody matter, please do not hesitate to contact us for a fully confidential, no obligation consultation. From our Houston office, we provide custody and visitation services throughout Southeast Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm

1. You Need to Account for Your Child’s Unique Needs in a Custody Arrangement 

When parents of a special needs child in Houston are getting divorced, crafting a custody arrangement that carefully addresses the child’s unique needs is absolutely crucial. The reality is that these vulnerable children/teenagers often require specific living conditions, consistent routines, specialized medical care, and additional emotional support. All of these issues should be considered when designing living arrangements and visitation schedules. Texas law encourages arrangements that best support the child’s physical, psychological, and emotional requirements.

2. A Time-Sharing Schedule Should (Generally) Limit Transitions 

For children with special needs, stability and routine often provide more than comfort—they are downright essential for physical, mental, and emotional health. When parents of special needs kids divorce in Texas, they should often work to limit the frequency of transitions between homes. A time-sharing schedule with fewer transitions can help minimize stress and disruption for the child. Texas courts favor arrangements that support the child’s best interests—and for special needs children may mean longer durations at each parent’s home to reduce the overall stress. 

3. Additional Child Support May Be Required to Account for Special Needs 

Texas has specific state child support guidelines in place. However, courts allow a deviation from the child support guidelines when deemed appropriate and necessary. Notably, a child’s special needs can warrant additional child support. These children may require specialized therapies, equipment, or care that can significantly increase expenses. Texas law allows for child support adjustments to cover these additional costs. A Houston family law with experience navigating complex child support cases can help to protect your rights. 

4. Parents Should Carefully Consider Available Government Resources 

Finally, parents of special needs children going through a divorce in Texas should explore all available government resources. Programs like Medicaid or Social Security Disability Insurance can provide crucial support, but navigating eligibility and applications can be complex. Understanding how divorce impacts these benefits is vital—as certain settlements could affect a child’s eligibility. A top-tier Houston, TX divorce lawyer can help your unique family find the best solution.

 Contact Our Houston Child Custody Lawyer Today

At Lindamood & Robinson, P.C., our Houston child custody attorney has the skills and experience to work with parents of special needs kids. If you have any specific questions about your divorce or separation, please do not hesitate to contact us today for a confidential initial appointment. With an office in Houston, our firm represents parents in divorce throughout Southeast Texas.

Source:

nces.ed.gov/programs/coe/indicator/cgg/students-with-disabilities#:~:text=In%202022%E2%80%9323%2C%20the%20number,of%20all%20public%20school%20students.