Custody Issues (Mother)

The Law Office of Michael D. Tracton, P.C., understands the significance of a mother's relationship with her child. I will work to obtain a favorable custodial order for you and your child. Using the facts of your case, I will build a strategy that aligns your strengths as a mother with the statutory factors used by Texas courts to determine custody.

Custody Options For Parents

After a legal separation or divorce, many other important family matters arise, including custody issues for married or unmarried mothers' rights as well as paternal rights. Before entering into a custody dispute, it is important to understand the possible outcomes.

What is custody? Custody is the legal right to make decisions for your child or children based on the children's best interests after a divorce or dissolution of a civil union. There are two primary types of custody, also referred to as conservatorships in Texas.

Sole-managing conservatorship: All decisions concerning the child's well-being, unless limited by court order, are made by one parent to determine the child's well-being. Decisions of this nature include issues related to primary residence, medical treatments, child support and more.

Joint-managing conservatorship: Some or all decisions are jointly made by both the mother and father or legal guardian. Most of the time, however, one parent will have primary possession of the child or children and the other will not have a set schedule for visitation.

Depending on your family's circumstances and each parent's credentials, the best interest of the child will be used as a standard in determining the exact legal conservatorship arrangement awarded. The court will be looking at each parent's finances and current relationship with the children, and will determine who can best provide a safe and stable home for the child.

Understanding The Basic Rights Of Every Mother

Depending on your status as a single mother or married mother, the state of Texas has established some basic rights.

If you are a single mother, you are automatically granted sole legal and physical custody when your child is born. If you were a married mother at the time of your child's birth, then you and your former husband would be automatically granted joint custody by the state, as long as he is the legal and paternal father.

Factors considered for awarding custody to mothers include:

  • Current relationship with the child or children
  • Employment
  • Sufficiency of estate assets
  • Finances
  • Mental and physical health

If you experience a change in circumstances because you lost your job or become ill or disabled and you can no longer meet your parental obligations, you may need to request a modification of your spousal support/maintenance or child support order.

A Caring Approach To Mothers' Rights

Our office is dedicated to preserving the relationship between a mother and her child. To better serve your needs, I offer a consultation at my Sugar Land office to discuss the circumstances of your case. To schedule yours, please email me or call 281-201-1481.