485 Milam Street Beaumont, Texas 77701
(409) 832.7757
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Child Custody
Beaumont Child Custody Lawyer

Beaumont Child Custody Lawyer

Child custody disputes can relate to parents who are unmarried, going through a divorce, undergoing paternity actions, or if one party is seeking a modification to an existing order. Whether you are seeking custody of a child or want to defend your own custody rights, it is critical that you consult with an experienced child custody attorney in Beaumont who will fight to protect your rights. The Law Firm of Galmor, Stovall & Gilthorpe, PLLC, has extensive experience in handling child custody cases and can effectively assert your rights in court.

Types of Child Custody In Beaumont

Child custody is referred to in Texas as conservatorship and refers to the ability to make decisions about a child’s health and well-being, including legal, educational, and medical decisions.  The three types of child custody are defined below:

Sole Managing ConservatorshipSole Managing Conservatorship refers to the custodial parent who has actual possession of the child at all times, except during the time the other parent has visitation rights.
Possessory ConservatorshipPossessory Conservatorship refers to the non-custodial parent with visitation rights.
Joint Managing ConservatorshipJoint Managing Conservatorship means the sharing of rights, privileges, duties, and powers of a parent by two parties, usually the child’s mother and father, even if the exclusive power to make certain decisions (such as the child’s primary residence) may be given to one party. Unless there is a history of family violence, there is a rebuttable presumption that appointment of the parents as joint managing conservators is in the child’s best interests.

The Parent/Child Relationship

Establishing the parent/child relationship in Texas is in everyone’s best interest – mother, father and child.  If you have a child outside of the marriage relationship, then no one is “presumed” to be the father of the child.  The only way to establish this relationship is through a court proceeding.  This protects everyone involved and establishes time for possession and access, child support and all other terms related to the parent/child relationship.  Neither party should be angry about participating in this type of lawsuit – it is in everyone’s best interests.

Parental Rights & Child Custody

The State of Texas affords parents certain rights and duties which include:

Right to custody
Duty of care, upbringing and discipline
Duty of support
Managing the child’s estate
Right to consent to marriage, military service, and medical treatment
Right to represent child in legal actions
Right to child’s services and earnings
Right to receive and disburse funds for child’s support and benefit

The Child’s Best Interests

The court will make the final determination of the child’s custody arrangement based on input from the lawyers involved and outside professionals called upon by the court. Ultimately, the decision will be based on the best interests of the children. As your legal representative, we will collect all necessary evidence to present your needs and the best interests of your children to the court.

Parenting Time or Visitation

In addition to child custody arrangements, we are also experienced in helping clients assert their rights to parenting time or visitation. Visitation refers to the time a non-custodial parent spends with the child. For more information or to learn more about parenting time and visitation, please contact us to schedule a consultation with our attorney.

Child Custody Enforcement

To win a possession enforcement, there must be at least one period of possession which was denied to the individual with the right to possession.  If you are the person who is supposed to get your child, you must physically show up at the home or location where the child is supposed to be at the designated time and the other party must refuse to give you the child or simply not be there.  It is always a good idea to bring a witness or even video tape these events as they can be very difficult to prove.  The punishment for denying possession is the same as for non-payment of child support – up to six months in jail.  Both fathers and mothers have been jailed for denial of possession.