Child Custody Defense In Houston, TX
Your children matter, so does your peace of mind. We are here for both.
As a family law lawyer in Houston, I have insight into child custody matters that most do not. This is because I have spent my entire career handling Divorce and Custody matters.
You are in a situation that is full of unknowns, and you probably have questions. The goal of this page is to help you understand the law, expectations and how I can help you get what you deserve.
My experience covers all topics related to family law, including experience in the local family law courts, and counties. From Harris county to Fort Bend county, I know the judges, clerks, and opposing counsel.
With my law firm on your side, I advocate on your behalf. I ensure the law is followed. Even more importantly, I will explain the process, what to expect, what the courts will allow and how to navigate this entire situation as effectively and efficiently as possible.
Understanding Custody in Texas: Conservatorship & Possession
In Texas the term Custody is not used, and instead the law uses the term conservatorship, which covers the parents rights, responsibilities, access and possession. This dictates where the child will live and when each parent will be allowed to spend time with the child.
Most divorces with children end up in a joint managing conservatorship, which allows both parents to make decisions for the children. If the situation is more extreme with abuse or instability, the court will often choose a sole managing conservatorship, which allows only one parent to be the decision maker.
With our law firm, we will guide you through this process by helping you create a plan, which will outline when, how and where the child will be. From vacations to summer breaks and weekends, we are here to fight for you.
Again, Texas law doesn’t use the term “custody” but they do use:
- Conservatorship – This term refers to a parent’s rights and responsibilities, such as medical or educational decisions
- Possession and Access – This refers to a parents time with the child, living arrangements, and visitation schedules
Types of conservatorship:
- Joint Managing Conservatorship (JMC): This is where both parents are allowed to share decision-making regarding the child.
- Sole Managing Conservatorship (SMC): Only one parent is allowed to make decisions for the child, and this is often due to instability, abuse and absence.
How Likely Is It To Get Sole Managing Conservatorship?
Many couples going through a divorce have a false belief that it will be easy to gain sole conservatorship over a child or children. The truth is, it’s very hard to achieve SMC, and this is because the courts are focused on the child’s best interests.
There has to be documented evidence showing the other parent is incapable or unavailable or even unwilling to participate in the relationship. Even then, the courts will look at the child and their point of view to decide if they get to see the other parent.
Types of Child Custody Matters We Take On
For over 20 years we have handled only family law issues, which include hundreds of varying situations. From a basic or contested divorce to grandparents rights, high-conflict co-parent or decree modifications, we have the experience you need to achieve a favorable result.
Types of issues we represent are:
- Divorce-related custody disputes
- Modifications for an existing custody order
- Enforcement of a court orders if a parent refuses to comply
- Custody involving risk or abuse
- Relocation Modifications
- Custody for parents that are not legally married
- Custody issues for children with special needs or disabilities
This Is How Texas Courts Handle Child Custody
Texas judges do not take sides in custody cases, instead they are focused on what’s best for a child. They look at several factors, including the parents’ involvement in the child’s life, the home and its environment, history of violence or instability like addiction. Lastly, If a child is over the age of 12, the judge can take the child’s opinion into consideration.
As your attorney, we will help you present your case to make the courts realize why you deserve the outcome you are requesting.
Here is a list of what Texas courts custody decisions are based upon, and not allow the parental dispute to enter the decision making process .
- A child’s emotional and physical needs
- Parent’s involvement and history with the child
- Parent’s ability to co-parent or communicate
- Home environment
- Is there any violence or addiction?
- The child’s comments if above the age of 12
What Happens During A Custody Case in Fort Bend or Harris County
Normally we will begin with temporary orders, which layout the framework regarding time with the child, decision making and other important subjects related to the child. This is called a temp order because it will be used as a place holder until the courts make a decision.
If the case involves high conflict, the court will suggest a mediator to help with producing the temporary orders.
During this time. It is my job as your child custody lawyer to communicate with the opposing counsel. This is where we discuss the outline of the custody agreement. If for some reason we cannot come to an agreement, the judge may make the decision on the child’s behalf. Alternatively, a trial may be needed.
Here is what you can expect from start to finish in a custody case. We cannot put a time on it, but it can take as little as 60 to 90 days depending on the situation.
- Temporary Orders – Often created from the start, and is followed during the court process.
- Mediation: A judge may ask us to use a mediator if parties cannot agree
- Final Hearing or Trial: If the parents cannot come to an agreement, the judge will make a decision based on the evidence and testimony given during a trial.
Co-Parenting Plans
In Texas, the courts want to see a plan that is putting the child’s needs first, not the parents. As experienced child custody lawyers, we know what the courts want to see in this plan:
- Weekly visitation, including pick-up/drop-off dates and times
Holiday vacation scheduling - Decision-making responsibilities on education, medical, and etc.
- Communication between parents will be outlined
Emergency protocols
Rules for out-of-town travel - What Happens if there is a relocation needed
Modifying Or Enforcement Of A Custody Order
Over time, a custody order might need some modifications. Alternatively, it might need to be enforced because one parent is not honoring the courts orders. For example, a parent might move due to work, which needs to be approved by the judge.
Enforcement is needed when a parent is not following the courts orders. This covers situations covering visitation or refusing to honor the schedule outlined in the parenting plan discussed above. These types of violations are taken seriously by the courts.
Seek A Modification When
- Changes in income, job or living situations (child support)
- Relocation is needed
- A child’s health, safety or needs have changed
- A Parent is violating the custody order
Our Approach
You need more than just an aggressive attorney, you need knowledge, insight, skill and motivation. As your family law attorney, I am here to guide you with clear communication and empathy.
We will not ask you to start any unnecessary court battles, or pursue situations that are impossible to win .We are honest, trustworthy and reliable. We offer our clients clear guidance, regular updates, and professional representation.
We promise to:
- Provide you with empathy and transparent communication
- Realistic advice, not false promises
- We represent you, guide you, and problem solve to avoid unneeded situations.
- Strong and professional representation every step of the way
- A focus on the long-term, not just short-term.
- We help you move forward, not just fight.
Credentials & Trust
Edward C. Burwell has over 20 years of experience in the Houston, Texas family law courts. He is respected by the courts, and opposing counsel. When they see you are being represented by him, they know he will ensure a fair custody agreement. He will not back down, nor will he fail to guide you.
He has decades of experience in the courtroom, negotiating, and representing people just like you. He has handled hundreds if not thousands of child custody cases. He not only has the answers you need, but the guidance you are looking for.
Schedule a free consultation today to speak with Child custody lawyer Edward C. Burwell today.
At Ed Burwell Law Office, we understand the emotional challenges of child custody disputes. We are committed to providing aggressive, knowledgeable, and compassionate representation to protect your rights and achieve the best outcome for your child. If you’re facing a custody situation in Houston, TX, let us help you confidently navigate this challenging time. Contact us today for your free case evaluation.