Category Archives: Child Custody

Need an experienced Houston child custody lawyer? Mary E. Ramos is an experienced Houston divorce lawyer committed to the practice of Texas family law, child support, child custody and divorce mediation.

What is an Acknowledgment of Paternity and Why is It Important?

An Acknowledgment of Paternity (AOP for short) is a legal document, filed with the Bureau of Vital Statistics, which establishes a man as the legal father to a child. The AOP can be obtained at the hospital where the child is born, the father’s name can be added to the birth certificate and the hospital will send the AOP to be filed with the state. The AOP can be signed and sent off later, but it is most convenient to be completed at the hospital when the baby is born. Continue reading

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How Does Summer Visitation And Access Work in Texas?

If you and your ex reside within 100 miles of one another, the non-custodial parent can possess the children for a period of thirty days during the summer. The default dates for this period of possession are July 1 – July 31 but if the parent desires a different schedule, they must give the other parent written notice by April 1 prior to summer how and when they desire to schedule their allotted thirty days.

If you and your ex reside more than 100 miles away from each other, the non-custodial parent may have visitation with the children for a period of forty-two days during the summer. Continue reading

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What Impact Does Adultery Have On Child Custody In A Divorce?

There is no clear cut answer to this question. A judge must look at the best interests of a child when making a child custody determination. The existence of adultery may affect a judge’s decision regarding child custody but absent a strong case the adultery has had a negative impact on the child, it will likely have little impact. It is up to the individual judge to examine the facts and circumstances of an alleged affair to decide if it will have any impact on child custody.

Judges are more willing to consider the existence of adultery when one of the parents has engaged in the affair in front of the children. A divorce can be a difficult and confusing time for children. Continue reading

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What Is Sole Managing Conservatorship?

A common misconception in the arena of Texas family law is that conservatorship and custody are the same thing. In the state of Texas, conservatorship is the designation as to which parent has the right to make certain decisions and exercise certain duties.

A parent designated as sole managing conservator has all exclusive rights regarding Continue reading

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Do I have to force my 16 year old child to visit her father? She doesn’t want to go!

This is a difficult position for both parties involved. As the custodial parent, it’s your responsibility to foster a relationship between your child and their father, even if your relationship with their father is strained. But as you surely know, it can be difficult to convince a teenager to do anything they do not want to do. But it will be you, the parent, who faces repercussions for your child’s refusal to visit with their father. Continue reading

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What is a geographic restriction in a Divorce?

Under Section 153.001, the Texas Family Code sets out that it is the public policy of the State of Texas 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. Continue reading

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Can My Teenager Decide Which Parent To Live With In A Child Custody Modification?

If you and the other parent of your child are in agreement to change your current custody arrangement due to your child’s preference, you can do a simple agreed modification which will involve minimal court involvement. Continue reading

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My Child’s Father Isn’t Paying Child Support, Do I Have To Let Him See My Kids?

Under the Texas Family Code, the right to receive child support and the right to visitation are two independent rights that do not have any weight on the other right. The ability to visit with your children is not dependent on your ability to pay child support. The obligation to pay child support does not disappear if the responsible parent is denied visitation or chooses to no longer possess the child during their periods of visitation.

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My Child’s Father Is Terrible! Can I Have His Rights Terminated?

The termination of parental rights is referred to as the “civil death penalty” because there is nothing worse a Court can do to a person than to legally and permanently remove that person’s parental rights. Because of the severity of termination, it can be difficult to have one’s rights terminated. There must be good cause for a Court to legally remove a child’s parent from its life and there is a process to completing a termination suit. Continue reading

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What is the SAFE (Supervised Visitation) Program?

The SAFE program is a supervised visitation program in the Houston area that provides a neutral setting for parents to visit with their children while being monitored by SAFE Program staff members. The SAFE Program is usually court-ordered in situations where there have been allegations of physical or emotional abuse, drug use or other problems. The goal of SAFE is to provide a stress-free environment for children to visit with a parent. A benefit of SAFE is that there is no interaction between the parents and the entire time a parent spends with their child is devoted to fun and positive interaction.
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