In the state of Texas, joint custody is a custody arrangement where parents share care and control of their child. Texans who are familiar with joint custody are typically familiar with arrangements where parents share control, care and upbringing responsibilities, but the child has only one primary legal residence. This is actually not “joint custody” per se. It is actually called joint legal custody, one of three categories of joint custody.

Here is a closer look at the joint custody categories and the ideal times to consider joint custody for your child.

Joint Custody

Texas breaks joint custody down into the following three categories:

• Joint Legal Custody
• Shared Physical Custody
• Special Joint Custody Agreements

Joint legal custody, as previously described, means parents share care, upbringing and control of the child, but the child still has one primary residence for legal purposes.

Shared physical custody differs in that the child has two residences. Under Texas law, shared physical custody occurs when the child spends at least 35% of their time at the residence of both parents.

Additionally, Texas courts give deference to the agreements of parents, which is why parents are given the authority to create their own agreements. These special joint custody arrangements may incorporate a combination of joint legal custody and shared physical custody. A common example of this is when a child has a primary residence with both parents on a rotating basis rather than a fixed basis under the joint legal custody standard.

When to Consider Joint Custody

Joint custody should be considered when parents respect each other to the point that negotiation is possible. Whether that negotiation is achieved exclusively by the parents or with the help of an attorney and/or mediator, parents with a sincere belief that joint custody is in their child’s best interest should do everything possible to make that happen.

Both parents will need to be stable, parentally fit (no substance abuse issues, for example) and active in a child’s life for joint custody to work out well for the children. So long as parents can talk about and reach joint decisions about their child’s wellbeing effectively, joint custody may be a fine idea that benefits children.

It is also worth noting that fathers rarely receive sole custody, so if fathers want an active role in their child’s outcome, joint custody is typically the best option. 51% of child custody decisions are made based on parents agreeing on their own terms. This dispels much of the myth that the family court often interferes to the detriment of men, particularly when parents are agreeable.

Additional Joint Custody Considerations

Parents are not the only party involved in joint custody paying close attention to a joint custody agreement. The court also looks to a number of factors, the most important of which is whether or not the parents function agreeably together.

Additionally, the court also looks to factors like the following:

• Parental Willingness to Share Custody
• Parental Fitness
• The Financial Status of the Parents
• The Number of Children and Their Respective Ages
• Employment Factors (Distance, Travel, Etc.)
• Proximity Between Both Parental Homes
• The Child’s Preference and Their Parental Relationships

Finally, courts will also look to see that both parents are sincere in their desire to have joint custody. If the court feels a parent is merely agreeing to joint custody to score points to be used toward other divorce negotiations, expect to receive pushback from the court.

Joint custody is, on the whole, a heavily deliberated topic that requires a Texas family lawyer who will help you navigate joint custody while protecting your parental desires. If you and your former partner agree on raising children under one of the categories of joint custody, Bruman Law Group works to make it happen.

For all your Texas divorce and custody questions and concerns, contact Bruman Law Group for a legal consultation. Bruman Law Group is a group of experienced family lawyers with over 27 years of legal experience. From divorce to child custody, Bruman Law Group has the expertise and sensitivity necessary to deliver the positive outcome you and your family deserve.

If you are a grandparent struggling to visit your grandchildren over the objection of the parents, you may think your rights are being trampled on. Unfortunately, that is not true. You have no constitutional right to visit your grandchildren no matter how much you want to, how much they want to visit you nor how much they say they miss you.

It has long been considered the fundamental right of parents to make all decisions concerning their children, including control over who gets to visit them. In 2000, the U.S. Supreme Court confirmed that the Fourteenth Amendment’s Due Process Clause “protects the fundamental right of parents to make decisions concerning the care, custody and control of their children.” That means that parents may prevent grandparents from visiting their grandchildren since, unfortunately, the High Court could find no constitutional right conferred upon grandparents to visit their grandchildren.

The good news is that, subsequent to that Supreme Court decision, Texas enacted legislation that offers some hope to grandparents who want to visit their grandchildren over the objection of the parents. There are difficult hurdles to cross, but it may be done with the assistance of attorneys with experience in fighting for grandparent’s rights.

Requirements for Establishing Grandparents’ Visitation

It is not enough for grandparents to simply want to visit their grandchildren because they love them and want to see them. If a parent objects to visitation, referred to in Texas as access, determined grandparents may, under certain circumstances, petition the court for an order allowing them to visit, or have access to, their grandchildren.

According to Texas law, courts can award visitation to biological or adopted grandparents only if it is determined to be in the best interest of the children to award visitation over the objection of a parent. Grandparents must prove, by a preponderance of the evidence, that, according to the statute, “a denial of possession or access to the child would significantly impair the child’s physical health or emotional well-being.” Just because visitation would benefit the child, or the child desires to see the grandparents, are insufficient reasons to grant visitation. Even if the court agrees grandparents have met their initial burden, there is one more hoop they must jump through.

Grandparents must then prove the existence of one of the following conditions or circumstances concerning the parent of the child they want to see:

• The parents are divorced.
• The parent abused or neglected the child.
• The parent has been incarcerated for at least three months.
• The parent has been found mentally incompetent.
• One parent is dead.
• The parent does not have access to the child or court-ordered visitation privileges.
• The parental rights of only one of the parents has been terminated.
• The child has lived with the grandparents for six months.

When Visitation is Not an Option

There are some circumstances under which grandparents may not even petition the court for visitation:

• If both of the parents have died.
• If both parents have had their parental rights terminated.
• The children have been adopted, or are in the process of being adopted, by someone other than their stepparent.

For more information about grandparent visitation rights, or if you need assistance with exercising your visitation rights, contact us at Bruman Law Group. Bruman Law group is a firm of experienced family lawyers with over 27 years of legal experience. From divorce to child custody, Bruman Law Group has the expertise and sensitivity to deliver the positive outcomes you and your family deserve.

A Texas family lawyer becomes a necessity for many reasons, but some are more common than others. Here are five of the most common life occurrences that will require the assistance and counsel of a Texas family law attorney.

Divorce

On a wedding day, when couples look lovingly into each other’s eyes and say their vows, it can be easy to believe the marriage will last forever. The reality, however, is that marriages can —and do — end frequently. In 2014 alone, more than 813,862 divorces and annulments were granted nationwide, and this figure excluded data from California, Georgia, Hawaii, Indiana and Minnesota.

A family lawyer helps you in a number of key ways during a Texas divorce, including:

• Fighting for rights to marital property
• Protecting the rights of children
• Ensuring child support is correct and that the other parent cannot exploit the system
• Standing up for your rights and fighting on your behalf when necessary
• Creating working visitation schedules
• Helping you mediate with your former spouse

Adoption

Unlike divorce, adoption is primarily focused on growing the family. When Texas couples are looking to adopt domestically or internationally, a Texas family lawyer becomes essential.

A Texas family lawyer helps create and prepare the legal documents needed to complete a legal adoption process. When necessary, a family lawyer will litigate on your behalf to terminate the rights of biological parents who are unfit when the child is living in a harmful environment. And, if you find yourself in a contested adoption, you will need a lawyer who knows how to litigate to protect your rights.

Child Support and Spousal Support

Child support and spousal support are critical pillars of family law that protect the rights of both children and spouses. Receiving deserved compensation for marital contributions (spousal support) and the care of children (child support) is the law’s way of ensuring Texas citizens and families receive necessary care.

A Texas family lawyer will work to legally ensure you and your child receive the support that Texas law dictates you should receive.Less than half of the country’s single mothers are awarded child support from fathers, and approximately 1 out of 4 fathers are awarded child support. This demonstrates that issues like child support and spousal support are far from a guarantee. That is why you need a Texas family lawyer who knows how to get you the compensation you deserve.

Custody

Custody is another major area of family law that has significant family repercussions. Depending on your needs, a Texas family law attorney will fight for your right to attain:

• Temporary Custody
• Sole Custody
• Split Custody
• Joint Custody

Texas attorneys know the limitations of all custody types and what the court is looking for when deciding custody. With an effective Texas family lawyer, parents give themselves the upper hand in custody negotiations and determinations.

Paternity

Paternity is another critical area of Texas family law that protects the rights of fathers and mothers alike. Establishing paternity ensures fathers have rights as a Texas father, which is critically important in custody and visitation determinations.

By contrast, mothers have an incentive to establish paternity as well. When paternity is not established, mothers cannot receive the child support that ensures a child receives proper care. Children also benefit from an establishment of paternity.

Most importantly, the child receives financial support from two parents, but there are additional advantages like the following:

• Access to Both Parental Medical Histories
• Entitlement to a Father’s Social Security Insurance
• Entitlement to a Father’s Inheritance Assets and/or Veteran Benefits

Bruman Law Group represents Texas parents and spouses in all their family law matters so their rights or the rights of their children are protected and preserved. Contact Bruman Law Group to discuss your family law questions, concerns and legal needs.