Child Custody

Under Chapter 153, of the Texas Family Code, a court may not discriminate as to who would be the better custodial parent because of gender of the parent or marital status of the parent.

Rights of Parents at All Times

Unless limited by court order, a parent has at all times some of the following rights:

(1) to receive information concerning the health, education and welfare of the child;

(2) access to medical, dental, psychological and educational records of the child;

(3) to consult with a physician, dentist or psychologist of the child;

(4) to consult with school officials concerning the child’s welfare and educational status, including school activities;

(5) to attend school activities;

(6) to be designated on the child’s records as a person to be notified in case of an emergency.

Custody Battles and What Goes On

A custody battle can be intense. Evidence and witnesses will be examined by a judge and/or jury to determine what would be in the best interest of the child or children. Nothing is held back. The court may appoint personnel to assist the court in ensuring that the case is properly mediated beforehand and the children have their own attorney to look out for their interests. This may become costly and time consuming. Therefore, a key battle is usually getting temporary orders established that designate custody, access and possession.

Interference with Child Custody

A parent may not deny access and possession of a child with the intent to deprive or violate a court order under Texas Penal Code, 25.03. If a parent does so, and does not return the child within three days of the commission, the person perpetrating the crime may be found guilty of a State Jail Felony.

Motion for Enforcement and/or Contempt

A parent may request the court make additional orders to make up periods of possession that were denied, provide monetary compensation for causing one part to expend time and money to follow court orders, and to impose jail time or probation periods for failure to follow court orders.

Call The Barrera Law Firm, PC, at 956 428 2822 to get a free consultation, in order to inform yourself of what your rights are and how to get started with taking action so that you are definitely an undeniable part of your child’s life.