Mother’s Rights in Child Custody Cases in Texas

In Texas, parental rights and duties are outlined in Chapter 151 of the Texas Family Code. That chapter covers various aspects of the parent-child relationship, including the following single mother’s custody rights:

• Physical Possession: You have the right to have physical possession of your child and to designate their residence
• Moral and Religious Training: You have the right to direct the moral and religious training of your child
• Medical and Educational Decisions: You have the right to consent to invasive and non-invasive medical, dental, and psychiatric care, as well as decisions about your child’s education
• Support and Care: You have the duty to provide for your child’s basic needs, including food, clothing, shelter, and medical care
• Right to Receive Child Support: Child support is typically determined by a court order, which specifies the amount and frequency of payments
• Legal Representation: You have the right to represent your child in legal actions and make decisions of substantial legal significance
• Inheritance: You have the right to inherit from and through your child
• Discipline: You have the right to use reasonable discipline, including corporal punishment

How Are a Mother’s Rights Determined for a Child Born To Married Parents?

When a child is born to married parents, both the mother and the father are automatically recognized as the legal parents. In other words, a mothers’ rights in child custody will be the same as a father, and they will share equal rights and responsibilities for their child, including:

• Physical Possession and Access: Both parents have the right to physical possession of the child and to spend time with them
• Moral and Religious Training: Both parents have the right to direct the moral and religious upbringing of the child
• Medical and Educational Decisions: Both parents have the right to make decisions regarding the child’s healthcare and education
• Legal Representation: Both parents have the right to represent the child in legal matters and make decisions of substantial legal significance
• Support and Care: Both parents are responsible for providing for the child’s basic needs, such as food, clothing, shelter, and medical care

It is important to note that if the parents decide to divorce or separate, the court will step in and make the appropriate child custody decisions. The primary consideration for the court in making such decisions is the child’s best interest standard in Texas. Several factors are taken into account when determining the child’s best interests, including:

• Child’s Needs: The physical, emotional, and educational needs of the child
• Parent-Child Relationship: The quality of the relationship between the child and each parent
• Parental Abilities: Each parent’s ability to care for and support their child
• Stability of Environment: The stability of each parent’s home environment
• Child’s Wishes: Depending on the age and maturity of the child, the court may also consider the child’s preferences

Can Court Custody Orders Be Changed or Modified?

Yes, custody orders in Texas can be changed when one party is able to demonstrate that there has been a significant change in circumstances impacting the child or either parent. Common reasons for seeking a modification of a previously issued custody order include:

• Moving: If one parent needs to relocate to another city or state, which affects the existing custody arrangement
• Job Changes: Significant changes in a parent’s employment status, such as a new job with different hours or job loss, may require a modification
• Health Issues: New health concerns for the child or either parent that impact custody responsibilities
• Child’s Preference: If the child is 12 years old or older and expresses a preference for living with one parent
• Voluntary Relinquishment: If the custodial parent voluntarily gives up custody for at least six months

It is important to note that in order to change a custody order, you must file a petition to modify it in the court that issued the original order. The process for obtaining a modification is generally as follows:

• Filing the Petition: The parent seeking modification must file a petition in the original court, stating the reasons for the changes
• Serving the Petition: The petition must be served to the other parent, informing them of the proposed changes
• Response: The other parent will then have a time period in which they can respond, either agreeing or contesting the proposed changes
• Mediation: In some cases, mediation may be required by the court in order to help the parents reach an agreement before going to a contested hearing
• Hearing: If the parents cannot agree, a court hearing will be scheduled. At the hearing both parents will present evidence and arguments, and a judge or jury will then decide whether or not the modification is warranted based on the child’s best interests

It is important to note that while the modification case is pending, either parent can request temporary orders to address immediate concerns regarding the child. For instance, temporary custody or visitation arrangements can be made by the court while the case is ongoing. These orders remain in effect until the court makes a final decision on the modification.

How To Win Child Custody as a Mother

It is important to note that child custody laws for unmarried parents have become more equitable for both fathers and mothers as the laws have evolved over the years. Winning child custody as a mother in Texas involves demonstrating that you can provide the best environment for your child. The following is a list of tips to help strengthen your case:

• Be Involved in Your Child’s Life: You should be able to show that you are actively involved in your child’s daily activities, education, and extracurriculars
  • This involvement demonstrates your commitment to your child’s well-being
• Maintain a Stable Home Environment: You should be able to demonstrate that you can provide a safe, stable, and nurturing home environment for your child
• Financial Responsibility: You should be able to demonstrate your ability to financially support your child by providing evidence of a steady income, budgeting for childcare needs, and ensuring your child’s healthcare coverage
• Avoid Negative Behavior: You should stay away from any behavior that could negatively impact your case, such as substance abuse, domestic violence, or criminal activities
• Seek Legal Advice: In any case involving a child, it is always recommended to setup a legal consultation with a local Texas attorney who can guide you through the legal process and help you present a strong case
• Focus on your Child’s Best Interests: You should always keep your child’s best interests at the forefront of your case, as courts prioritize the child’s physical, emotional, and educational needs of a child above all else
• Be Prepared: Finally, you should always be prepared to participate in mediation or court hearings, which can be done by properly documenting your ability to parent and your involvement in your child’s life

Should I Hire an Attorney to Assist with Obtaining Custody of My Child?

If you are going through a divorce or separation from someone with whom you share a child, and you are seeking custody of your child, then it’s recommended to consult with an experienced child custody lawyer in Texas.

LegalMatch can help you set up an initial lawyer consultation. An experienced child custody attorney can guide you through Texas’ specific child custody laws and answer any questions you may have regarding the process.

They can also assist you in reaching an agreed custody order with the other parent and even draft an order to present to the court. If an agreed order is not possible, a lawyer can help you properly draft, file, and serve the other parent in a custody action.

A lawyer will also be able to ensure your parental interests are protected throughout the entire custody case and provide you with competent representation during an emotionally charged situation. This includes being able to offer you sound legal advice and answer any questions you may have during the case. Finally, an attorney can also represent you in court, as needed.