Category: Child Custody

Category: Child Custody

Have questions about Child Custody in Houston, Texas?

by Ramos Law Group, PLLC
Child Custody, Divorce, Parental Alienation Syndrome, Visitation and Access
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First and foremost, if your spouse is agreeable to you relocating to another state with your kids, then you will be free to do. The divorce decree would have to specify that you are the conservator with the exclusive right to determine the primary residence without regard to geographic location or within a certain geographic area that includes the area to which you would like to relocate. Please keep in mind that an agreement with your spouse could include a geographic restriction that includes more than one place. For example, you could agree to a geographic restriction that says that you have the right to establish the child’s residence within Houston (Harris and its contiguous counties) and/or your hometown.

However, if your spouse is not agreeable, it is likely that your ability to move could be restricted to a geographical area.

Section 153.001(a) of the Texas Family Code states:

The public policy of this state is to:

(1)   assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child;

(2)   provide a safe, stable, and nonviolent environment for the child; and

(3)   encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.

When rendering an order appointing parents as joint managing conservators, the court shall designate on conservator as the one the has the exclusive right to determine the primary residence of the child. Additionally, the court shall specify either the geographic area within which that conservator can establish the child’s primary residence or that the conservator can establish the child’s primary residence without regard to geographic area.

The Texas family Code does not explicitly state the factors a trial court should consider in deciding whether a geographic restriction would be in the best interest of the child. However, there are a number of things that courts have looked at in the past, including, but not limited to the following:

  1. reasons for and against the move;
  2. the opportunities afforded by the move;
  3. whether the move could assist in meeting the child’s special needs or unique talents;
  4. effect of move on relationships with extended family;
  5. the effect on the noncustodial parent’s visitation and communication with the child;
  6. the child’s age; and
  7. the noncustodial parent’s ability to relocate.

Also, it is important to note that even if you are appointed as sole managing conservator of your son the court still can restrict the ability to designate the primary residence of the child. Although the section of the Texas Family Code that deals with the appointment of the rights and duties of a parent who is appointed sole managing conservator does not specifically mention a geographic restriction, it does say that the rights can be limited by order of the court.

by Ramos Law Group, PLLC
Child Custody, Divorce
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Yes, if there is no custody agreement in place, the father of your child may take them out of state. 

Until there is an order of the court in place regarding custody, both parents have equal rights to possession and access of the child.  This means that both parents can make decisions regarding the child, including where to go on vacation and whether or not to move out of state with the child.  Although these actions may be frustrating, without a court order in place, they do not constitute kidnapping.

If you feel that the other parent of your child is thinking about moving out of the state, the best way to keep them from taking your child with them, is to speak to an attorney about getting a formal custody agreement in place.  It is best to get the momentum on your side BEFORE the move, so acting sooner rather than later is key.  The courts are much less likely to order that a child be returned to the jurisdiction than they are to order they remain in the jurisdiction.

Once an agreement is in place, the parties’ rights to possession and access to the child will be set by order of the court.  Generally, this will include a geographic restriction.  For example, a final order in a suit for custody in Harris County, Texas will often include a provision restricting the residence of the child to Harris and contiguous counties.  This is quite a large area including Montgomery, Liberty, Chambers, Galveston, Brazoria, Fort Bend, and Waller Counties.  A geographic restriction means that if the other parent is the joint managing conservator with the right to designate the residence of the child, they must do so within the geographically designated area.  In order to move out of the state, the other parent would first need to file a motion to modify the order asking that the geographic restriction be removed and show that such a move would be in the best interests of the child.

As far as traveling out of the state with the child, often once there is an agreement in place, the only requirement is that the domestic travel take place during their period of possession.  Many agreements also require written notice outlining the child’s travel itinerary be provided a certain amount of time prior to the trip.  Parties can even go so far as to require that the other parent consent before any domestic travel.  For international travel, there may be additional restrictions regarding passports and consent.  If there are concerns about the other parent traveling with the child, make sure to discuss them with your attorney so that they can be addressed in the final order.

by Mary E. Ramos
Child Custody, Divorce

Video Transcription:

The Standard Possession Order in Texas comprises of a weekend possession calendar, which is normally the 1st, 3rd, and 5th weekends and a Thursday during the school year, for a weekday period of possession. You also have to include a possession calendar for the holiday schedule. You would determine when the holiday schedule would actually begin based on the school district that your child is enrolled in, or if your child is not enrolled in school, the school district that he would be enrolled in.

To determine when your holidays would start, we would technically include Thanksgiving. One year is to one custodial parent. The following year the second custodial parent would have that holiday. So you would rotate, even in odd years. There are two halves of Christmas Break every year. Typically, the parent who exercised the Thanksgiving holiday will then have the second half of Christmas Break so that the other parent will then have Christmas. And you guys will rotate that every year.

Typically, Christmas Break does start from the beginning of the Christmas Break or Winter Break for the school year and ends at noon on the 28th with the second parent picking up noon 28th and returning the child after school begins following the Christmas Break. You guys will rotate that every year. There’s also Spring Break every year. Again, custodial parents will rotate years even in odd years. Mother’s Day will have Mother’s Day weekends for mothers. Fathers will have Father’s Day weekends for fathers. The extended 30 day summer time, 30 days for the non-custodial parent. Then there are the children’s birthdays. If you are in possession of your child on your child’s birthday, then the other custodial parent may come and pick up the child and the child’s siblings from 6 to 8 p.m. on their birthday to take them to dinner.

All of these standard possession orders and schedules for your children are in lieu of the two of you actually having an agreement between the two of you of when you want to actually exchange your children. If the two of you decide we’re going to do our schedule and put this order away in a drawer and never look at it, that is great and that is fine. But the minute you cannot agree, then you will refer to the order because that would be the least amount of time you would be entitled to.

Ramos Law Group, PLLC, your family law team of experts.

Video Transcription by Speechpad.com.

by Mary E. Ramos
Child Custody, Parental Alienation Syndrome, Visitation and Access

Video Transcription:

There is a parenting class that’s required, a four hour parenting class, and some courts require different classes, depending. Now this is a class that I ask my clients to take from the beginning, so that they have that knowledge and information to utilize during the case. The parenting class normally doesn’t teach you how to be a parent, but it teaches you how to communicate now in two different households. It is very difficult to discipline in one household when you have kids. Now that we’re in two separate households, it makes it extremely difficult. And children learn how to manipulate their parents, and parents need to be on the same page with how they’re gonna go forward and address these issues.

Parents that don’t talk to each other, children will pick up on that, and they’re gonna manipulate their parents and say what each parent wants to hear. So if you are on the same page with the other parent, you can address all parent concerns with the other parent and not through your child. It’s just a better way to protect your child from being impacted with the divorce process and let them be free and be a child, as they should be. Co-parenting is very important because you will both be parents for the rest of your natural lives.

You’re my client, and I plan on fighting for you and your case. Ramos Law Group, PLLC, your family law team of experts.

Video Transcription by Speechpad.com

by Mary E. Ramos
Child Custody, Divorce, Parental Alienation Syndrome

Video Transcription:

Normally when parents have an issue with communicating with each other, there is a great website that a lot of attorneys and judges use, called OurFamilyWizard. Now this is an online calendaring program where both parties can actually log in and create an account for their children. On this website, they can post the children’s extracurricular activities, doctors’ appointments, they can even include requests for exchanges of weekends and whether or not the other custodial parent will actually accept or deny those exchanges. And you can post uninsured medical expenses all to the same website.

One of the benefits is that you can’t go in and change the information from the website and if a judge wants to, they can always log in, and look, and review the communications between the parties. If you have a disagreement about whether or not you exchanged weekends, or agreed to a different schedule other than your order that’s in place, you can also refer to the website as a means of documenting what happens.

I also like clients to consider using this website because when you come in for a divorce, you have to create a story and a history of your relationship, and address the concerns that you’ve had with the other parent, regarding your children or any other situation. If you maintain participation through Our Family Wizard website, then that’s all been documented for you, and you can just hit print and we will have all of that documentation ready to go, and it’s in admissible form for the court. The courts now are actually requiring a lot of parties to participate through Our Family Wizard, and this is a good way to keep everybody accountable for their actions.

Ramos Law Group, PLLC, your family law team of experts.

Video Transcription by Speechpad.com

by Mary E. Ramos
Child Custody, Divorce

Read on to learn the top 10 rules for protecting kids during a divorce.

Divorce can get nasty and a lot of times parents don’t consider the emotional toll it can take on the children. Below are some rules parents should keep in mind when going through a divorce.

1.  Don’t Make the Child Choose a Side

Children instinctively love both their parents and being asked or expected to choose a side can be severely traumatic for a child. It’s natural for a child to want to please both parents so expecting them to be on one side or the other is harmful and cruel. Understand that a child has loyalty to both parents and the circumstances leading up to the divorce or custody battle rarely change that loyalty.

2.  Don’t Expect the Child to be a Messenger

Don’t use your kids to deliver messages to the other parent, even if it is a simple reminder about soccer practice. That is placing a burden on the child when you should be able to effectively communicate with the other parent. You’re expecting a child to remember details and relay responses, which is a lot of pressure. If you can’t talk to the other parent yourself, how can you expect your child to do so?

3.  No Fighting in Front of the Kids

Seeing or hearing parents argue is something that can be very difficult to cope with for a child. Children will also pick up on the negative or hurtful statements said in the heat of the moment and are not able to properly process such information. Don’t scream or yell or make snide remarks. The children are listening.

4.  Don’t Say Bad Things About the Other Parent to the Kids

It hurts a child to hear bad comments about someone they love. Justifying such comments by saying it’s the truth doesn’t help the matter. It makes you look bad and it makes the child feel bad by hearing such negative things. Of course you need an outlet or a place to vent, but save the anger and vitriol for a dinner with your friends or a phone call to your mom when the kids are at dance practice. Conversation with your children should always be happy and focus on them, not on issues outside of their control.

5.  Don’t Allow Friends or Family to Say Negative Things Either

Just because the nasty words aren’t coming out of your mouth doesn’t mean it’s okay either.  Friends and family often want to stick up for a parent but allowing them to make negative statements has just as bad an impact as if you were saying it yourself. Let your friends and family know that under no circumstances are they to make negative comments in front of the kids.

6.  Try to Put on a United Front for Activities

It’s important that both parents remain supportive during a pending litigation, even if they can’t stand the sight of one another. Kids will remember which parent didn’t go to the dance recital or which parent couldn’t show up for Thanksgiving dinner. It may be difficult or painful for you as a parent but you need to remember that these are the lasting memories a child will have and you want them to remember that both parents were always there for them.

7.  Don’t Talk About Pending Litigation

Children don’t need to be privy to when a court date is or whose lawyer filed what paperwork. It’s distressing and harmful to know the specific details about your case. If you need to vent about how a hearing went, talk to a friend or family member. Children need to remain as blissfully unaware as possible about litigation.

8.  Understand the Children Love the Other Parent

Nothing you say or do will change that, your actions just may cause the child to have intense guilt for a natural feeling. Accept it. Embrace it. Never make your child feel guilty for loving the other parent.

9.  Keep Life as Normal as Possible

While you may be going through an intense and emotional time in your life, your child is still going through childhood. Don’t let a divorce cloud their happy childhood memories. Keep them enrolled in extracurricular activities, keep homework schedules the same and do everything possible to keep life as normal as it was prior to the divorce.

10.  Treat the Kids like Kids

Many parents, after losing a partner, will begin to treat the children as close confidantes. This is not helpful to the parent or the child. You’re still the parent and need to keep the parent-child relationship defined. Your kids don’t need to know about your dating life, your money problems or what’s going on with your divorce. Young children aren’t equipped with the maturity or knowledge to have those types of conversations so save it for your friends.

Oftentimes a child won’t express emotions or show outward signs of distress during a divorce. It’s important for parents to keep the above rules in mind and do everything possible to maintain a safe and emotionally balanced environment for the children, even if the pending litigation gets nasty. Children should always come first.

by Mary E. Ramos
Child Custody, Divorce

How does visitation work during the HolidaysHoliday season is upon us and Texas parents working under a divorce or child custody agreement may be wondering how they will share custody of the child during the upcoming holidays. Ideally the parents will have mutually agreed to a custody plan the maximizes the time the children spend with their families over the holidays; however that may not be the case for all families. Most divorce decrees of final orders explicitly state the terms and conditions of each party’s time of possession of the child and some orders may have modified language, so it is important to first read your final decree of divorce or final order regarding the custody and possession schedule.

A Standard Possession Order, which is the custody agreement most parents operate under, awards custody of the children in an alternating fashion. The language of the Standard Possession Order, which is likely included in your final decree of divorce or custody order, is dictated by §153.314 of the Texas Family Code. The holiday possession language is as follows:

Sec. 153.314.  HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART.  The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart.  The possessory conservator and the managing conservator shall have rights of possession of the child as follows:

(1)  the possessory conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years;

(2)  the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years;

(3)  the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years;

So what does this mean for parents in 2014? The possessory parent, the person who is entitled to visitation under the Standard Possession Order (the non-primary parent), is entitled to possession of the child or children  beginning at 6 p.m. the day the children are released for the Thanksgiving Holiday and must return the child or children to the managing parent by 6 p.m. on the Sunday following Thanksgiving.

The managing conservator parent will then get the child or children beginning when the they are released from school for the Christmas holiday and ending at 12:00 p.m. on December 28th.  From that point until the child returns to school, the possessory parent has visitation with the children.

So typically a parent will have either Thanksgiving and New Year’s or Christmas and it alternates by year. Again, parents can come up with whatever schedule fits their individual family’s needs, these are only guidelines and in place should the parents be unable to come to an agreed possession schedule on their own.

Other holidays such as Kwanzaa or Hanukah are not addressed in a Standard Possession Order so if those are the holidays your family celebrates you will need to refer to your final decree or order or speak to a family law attorney.

If you have any additional questions about how the Holiday Possession Schedule works, please contact the Ramos Law Group, PLLC.

by Mary E. Ramos
Child Custody, Child Support

child custody support divorce

A divorce can have a significant impact on other family members – especially children. As you go through this strenuous time, it is so important that you take steps to preserve the best interest of all children involved. Naturally, using child support lawyers in Houston, TX is essential if you want the best possible results. When it comes to your loved ones, there is no room for gambling, and going into a divorce without proper legal representation is a serious risk. A good divorce attorney can help you get an ideal custody and child support plan that works for you and your children.

Try to Compromise

As you go through your divorce, it is best to avoid conflict wherever possible. Of course, when it comes to something important to both spouses (children for example), that is not always possible. However, if you can work with your child support lawyers in Houston, TX to negotiate with the other party, you may be able to make progress in finding a reasonable solution that works for both parties. Of course, a good lawyer will fight to help you get the plan you want, but if you can come to an amicable agreement, that is always the best option.

Keep the Best Interest of the Children in Mind

parental alienation

When you are going through this emotionally turbulent period of your life, it can be all too easy to make rash, irrational decisions out of spite. Although you may harbor feelings of resentment and anger towards your former spouse, it is so important that you remember that the children do not need to have those issues projected onto them. Although you may want to exact revenge by fighting to keep the other parent away from the children, this is only going to be harmful in the long run. Of course, if the other parent is abusive or addicted to alcohol or drugs, it may be necessary to seek sole custody. Talk to your child support lawyers in Houston, TX for information on arriving at a reasonable compromise that works for both parents.

Consult Your Lawyer to Make Sure You Are Getting a Fair Deal

white gavel, block, and scalesWhether you are the one receiving child support or paying it, it is essential that you give and receive a fair amount. Even if the divorce has already been finalized, you can always consider modification if you feel that you are paying more than you should be or that you are not receiving appropriate custody or visitation rights. When all is said and done, an ideal divorce has both parents feeling like they are satisfied with the proceedings. Of course, this is not always possible, so it is important that you fight for your rights when necessary. A child support lawyer in Houston, TX will fight alongside you to get what is rightfully due.

Contact Ramos Law Group, PLLC

If you need a reputable child support lawyer in Houston. TX, look no further. At Ramos Law Group, PLLC, we have years of first-hand experience in child custody and child support cases. We go to great lengths to make sure that you are satisfied with every decision made – no matter how large or small. When it comes to protecting the best interest of your family, we realize the importance of this process. Call (713) 225-6200 to set up a consultation, or simply fill out our online contact form. Take this important step to protect your family today.

by Mary E. Ramos
Child Custody, Divorce

child custody tug of war shadow figuresWhen a marriage is no longer sustainable, a divorce may be inevitable. While this is clearly a strenuous time for both spouses, it can be even more psychologically damaging for children who find themselves stuck in the middle. As a parent, it is important that you do not let relationship issues take precedence over the mental and emotional well-being of your children. Many children are unable to understand these significant changes in a positive way, so it’s essential that you do your part to help them. With the help of a child custody lawyer in Houston, TX, it is possible to minimize conflict.

Keep Your Children Reassured

small child affected by divorceOne prominent issue that frequently affects children is the fear of change. Although you may see this divorce as inevitably a positive and necessary step, they may have a difficult time coping and readjusting to this new way of life. It is important that you consistently reassure your children that they are safe and that you and your former spouse will continue to be here for them. Fear of the unknown can be worse than the truth, so be honest and open with your children. Help them realize that any changes that may occur will be made with their best interest in mind. Consulting child custody lawyers in Houston, TX is one way to ensure that you can keep that promise.

Make Sure They Never Feel to Blame

One of the most psychologically damaging byproducts of divorce is that children may feel responsible for it. It is crucial that you make sure your children are fully aware that this is an issue between you and your spouse, and that it was not caused by them in any way. Talking to child custody lawyers in Houston, TX is a great way to learn about typical responses and how to respond to them. During this difficult time, your children need to receive an exceptional amount of love from both parents so that they are fully convinced that they are not in any way responsible for this change.

Maintain Structure Without Going Overboard

It is important that you do not let your children’s life change too drastically all at once. It can be easy to become preoccupied with the divorce proceedings, forgetting about the other family members. Make sure your children still realize that both parents are authority figures, that rules still apply and that this shift is not going to dramatically alter the life they have become accustomed to. At the same time, it is also important that you do not take this structure maintenance too far. You must balance these changes in a constructive way, helping the children understand that changes do not mean that the life they know is crumbling around them. Try not to overcompensate, while still keeping traditional discipline and rules intact.

Do Not Project Your Feelings Onto Them

affects of divorce on childWhile it may be extremely difficult at times, it is important that you do not inadvertently share your burden with your children. For example, it may be tempting to tell the children about something negative your former spouse has done in the past, but this is only going to cause further conflict and feelings of resentment that can manifest further over time. Let your children continue to be just that – children. Do your best to preserve their innocence, and avoid discussing negative feelings whenever possible. Talking to a child counselor, psychologist or child custody lawyer in Houston, TX can help you learn more about the proper way to handle your emotions when children are present.

Let Ramos Law Group, PLLC Help

Ramos Law Group, PLLC is known throughout the Houston area for providing superior family law services. If you need a qualified child custody lawyer in Houston, TX, we can provide you with an exceptional professional who can help make your divorce proceedings go as smoothly as possible. When it comes to the well-being of your children, we work with you to keep their best interest in mind. A child custody lawyer will help you get an ideal schedule, whether you are planning visitation rights or trying to get joint custody. Call (713) 225-6200 or contact us through our website to plan a consultation.

by Mary E. Ramos
Child Custody, Divorce, Visitation and Access

parental alienation syndrome

While divorce is generally unpleasant for all parties involved, usually it is the children who are the most severely affected. It is all too easy for parents to get so caught up in their own emotional distress that they miss how their actions affect their children. Unfortunately, sometimes manipulative parents will attempt to turn their children against the other spouse. The resulting Parental Alienation Syndrome, or PAS, is a common issue that must be addressed appropriately during and after the divorce process.

divorced family post it sketch

What is PAS?

PAS is when one parent intentionally tries to sabotage a child’s relationship with the other parent. This is usually done so that they will be able to get an ideal custody situation, regardless of what is in the best interest of the child. An experienced family lawyer in Houston will be able to recognize the signs of developing PAS, and hopefully help stop it before it is too late. PAS is a process that takes time. A parent does not simply buy a child a new toy to change their thought process and influence the outcome of the divorce.. Planting negative seeds, telling lies, and misrepresenting the spouse are all common methods used to gain favor from children in limbo.

Warning Signs

There are many signs that a parent is not handling the divorce in a healthy way in regard to their children. A good family lawyer in Houston will be able to help you to identify the problem, but there are times when you may need to recognize it on your own. There are obvious red flags as well as subtle ones. For example, if your child is clearly unhappy with you for no apparent reason, it may be because the other spouse has said something. However, it is essential that you do not attempt to question the child, as that can just cause further confusion and feelings of resentment. The most obvious sign of PAS is when a parent makes disparaging comments about the other spouse in front of a child.

Your court case is a matter between you and the spouse. Neither of you should be discussing the case with your children at any time. If your children are asking questions about the case, or if they say anything related to it, you should call a family lawyer in Houston immediately. Protecting your relationship is possible with help of an attorney, but you need to act quickly. If your spouse refuses to allow visitation rights, that is another way to cause PAS.

How Does a Child Fall Victim to PAS?

parental alienation

If a child does begin to seem like they favor the other parent, it can be very discouraging. It is important to keep in mind that many children are not developed enough to understand that they are being manipulated. If they feel like they are caught in a constant push and pull, simply choosing a side can seem like an easy way to make the struggle stop. They may also want to avoid feeling rejected by the other spouse, or incurring their anger if they disagree. In many cases, siding with one parent is just an attempt to resolve conflict.

What Can You Do?

The moment you detect any signs of PAS, contact a family lawyer in Houston immediately. If your custody rights have already been established, it may be possible to modify them in your favor. If you are still going through the divorce proceedings, proof of PAS can work to your advantage. Ramos Family Law has the skills and experience to be able to help you in this difficult situation. Call 713-225-6200 today to schedule a consultation about PAS.

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