Category: Texas Family Law

Do I Have to Pay Child Support Without a Job?

Posted by Renken Law Firm on March 24, 2023

Many parents wonder, ‘Do I Have to Pay Child Support Without a Job?’ The answer to this situation is that even if a noncustodial parent is unemployed, they will still owe child support. There are few exceptions to this rule. Speaking with an experienced attorney can help you make the best choices for your unique situation.

What is child support?

Child support is money a parent pays to help with the cost of raising a child. This includes costs like food, housing, clothing, school supplies, daycare, and activities.

A court can order one parent to pay child support to the other parent. The obligation to pay child support begins when the judge signs an order.

A court can sometimes also order a parent to pay retroactive or “back” child support. Texas law expects both parents to provide financial support for their child, even without a court order. A court could order a parent to pay back child support if:

They do not live with the child; and
They have not helped support the child financially.

Who pays child support? Who receives it?

In most custody arrangements, a child lives with one parent most of the time. This is the “custodial” parent. The “non-custodial” parent has visitation rights on a regular basis.

The non-custodial parent (the “obligor”) has the obligation to make child support payments. The custodial parent (the “obligee”) has the right to receive these payments.

How can I get child support?

A court can order child support as part of the following legal proceedings:

Divorce;
Child custody case, also known as a Suit Affecting the Parent-Child Relationship (SAPCR);
Paternity case;
Family violence protective order case; or
Modification case, if a court order affecting the child is already in place.

What if the obligor is unemployed or underemployed?

If the obligor does not have a job, the court can base child support on the amount the obligor would earn at a full-time minimum-wage job. The current minimum wage is $7.25 per hour or $290 per week before taxes. This presumption does not apply if the obligor is in prison or jail for at least 90 days.

Intentional unemployent or underemployment can be a different story. If an obligor could earn more money but chooses not to, the court can look at their earning potential.

Suppose for example, that a parent has earned a good salary for many years. At some point before the court orders child support, they quit that job and take a new job with a fraction of the pay. The purpose of child support is to benefit the child. The parent’s reasons for the change in employment are not as important as the effect on the child. The court will consider whether the obligor is trying to avoid child support. They can consider how much the parent could be making when setting the amount.

What if the obligor goes to jail or prison?

Texas law states that a judge should not order child support if:

The obligor is in jail or prison at the time the court is making the order; and
They will continue to be in jail or prison for at least 90 days.

Either parent can file to establish child support when the obligor gets out. This often involves filing to modify an existing custody order.

An existing child support obligation does not end if the obligor goes to jail or prison. A sentence of at least 90 days, however, is a “substantial and material change in circumstances” that would justify a change in the amount of child support. Either parent can file a motion to modify. A court might reduce the amount the obligor must pay, or it can temporarily suspend payments until the obligor’s release.

If you are facing divorce, it is highly advised that you speak with legal counsel immediately. Renken Law Firm, PLLC is well-versed in the Texas divorce process. The team of compassionate and knowledgeable Houston attorneys know what it takes to aggressively pursue favorable solutions for their clients in the courtroom and ensure that their interests compellingly put forth before the judge.

Affordable Family Lawyer in Houston, TX

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Can I Take Custody of My Grandchild?

Posted by Renken Law Firm on March 22, 2023

Are you a grandparent that has concerns about the quality of care your grandchildren are receiving? Are you looking to gain custody of them? If so, below is a basic understanding of how the law works surrounding grandparents right and their ability to take custody. For more detailed information contact Renken Law Firm in Houston.

When can a grandparent obtain custody of a grandchild?

Parents’ rights to rear and raise their own children are one of the oldest and most fundamental rights. A court can’t interfere with the parent-child relationship unless a parent is unable to meet the child’s basic physical and emotional needs. Thus, a grandparent can only obtain custody of a grandchild when:

the grandchild’s current home environment presents a serious concerns regarding the grandchild’s physical and emotional welfare, or
one or both parents has consented to a change in custody.

A grandparent may seek custody by intervening in a custody action filed by the state or by the parents. Grandparents don’t have standing to bring original custody suits against a grandchild’s parents. Instead, a grandparent’s request for custody must be filed as part of an existing custody case.

A grandparent’s rights over a grandchild are always secondary to a parent’s rights. However, a child’s best interests will determine if an award of custody to a grandparent is appropriate. Although a parent’s rights to a child are significant, a parent’s own actions can result in a termination of those rights.

Can a biological grandparent obtain visitation with an adopted child?

Adoption is a permanent termination of a parent’s rights to a child. Grandparent rights come through a parent’s rights. Thus, adoption severs a grandparent’s ability to seek visitation with a grandchild. One exception is in the case of stepparent adoption. However, even then, a grandparent must still prove that visitation serves the grandchild’s best interests and doesn’t substantially interfere with the stepparent-child relationship.

A grandparent plays a special role in a grandchild’s life. Both children and their parents benefit from involved grandparents. However, in cases where parents divorce or separate, a grandparent’s contact with a grandchild may be quickly cut off. Yet, there is legal recourse for grandparents who want to maintain contact with a grandchild. If you have additional questions about grandparent visitation rights in Texas, contact a local family law attorney for advice.

Grandparent Visitation in Texas

Under Texas law, grandparent visitation rights are well established. A grandparent can petition the court to establish visitation rights with a grandchild or to modify an existing visitation order. Before a judge will award visitation privileges, the grandparent must prove that visitation is in the child’s best interests. Specifically, Texas’ grandparent statute allows visitation (also called access) when:

at least one biological or adoptive parent still has parental rights over the child
the grandparent seeking visitation shows that a denial of grandparent visitation would harm the child’s physical health or emotional well- being, and
the grandparent seeking visitation is the parent of the child’s parent, and the child’s parent:
has been incarcerated in jail for at least three (3) months
has been declared mentally incompetent by a court
has died, or
does not have actual or court-ordered visitation with the child.

Grandparents Rights Attorney in Houston, TX

Working with a knowledgeable and experienced attorney can help you to navigate the complexities of court ordered visitation or access to a grandchild. As a general starting point, it should be noted that the United States Supreme Court has ruled that grandparents do not have a Constitutional right to see or visit grandchildren. This is based on the general presumption that since parents have an automatic right to determine the best interests of their children, they are entitled to decide who does or does not have contact with their children.

In Texas, grandparents rights generally refers to access or possession of a child. As long as a parent approves, grandparents can usually visit their grandchildren at any time. However, problems arise when parents restrict grandparents’ visitation or contact with the grandchildren. Since Texas law does not legally entitle them to see their grandchildren, some grandparents may choose to try and get a court order allowing visitation.

This can be difficult to do on your own. If you are a grandparent trying to gain further access or custody of your grandchild, reach out to the attorneys at Renken Law Firm. We work with you to promote the best interests of the child or children involved on a long term basis.

Affordable Family Lawyer in Houston, TX

Our team proudly serves the Greater Houston area. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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How to Handle Summer Visitation as a Divorced Parent?

Posted by Renken Law Firm on March 12, 2023

It is common for children of divorced parents to spend more time with their non-custodial parent during the long summer months. While this can be a great chance for your child to spend quality time with their other parent, it can also be a source of anxiety and stress on the parent with primary custody, and in some cases the child as well.

Listed below are some tips on how to handle long summer visitations.

Set Your Mind at Ease

When your child is preparing to go away for summer visitation, do some advance planning that will help you feel comfortable with the vacation or the trip. Find out where your child is going and get the contact information. Ask questions so you know what the plan is. If your child will be traveling, get the details of the itinerary.

Make sure your ex understands your child’s capabilities when it comes to swimming, hiking, or other activities. If your child is going to another state to stay with your ex, find out who will provide child care while your ex is at work.

Stay in Touch

If your child is in elementary school, this might be a good time to get him a cell phone. That way, you can reach him directly without having to go through your ex and you’ll have the peace of mind of knowing you can call at any time. Stay in touch, but don’t call several times a day. You have to let go a little and let your child and ex have time together without you involved.

Find out if your child will have internet access. If so, set up an IM or Skype account so you can reach each other that way. If not, you could send your child with some stamps and stationery so he could send you a note or a drawing.

Pack Well

Help your child pack for the time away. Make sure all essentials are included, including

prescription medications,
glasses,
retainers,
rubber bands for braces,
summer reading requirements,
sunscreen,
special stuffed animals,
favorite toys,
clothing appropriate for the weather,
and personal care items.

If your child will be traveling, don’t assume your ex will think to pack children’s pain reliever, dental floss, water shoes, or other important items. Talk with your ex about making sure your child follows her routine and takes her meds, brushes her teeth, wears sunscreen, and so on.

Prepare Your Child

Depending on the age of your child and whether he has been away from you before, this could be a difficult separation. Remind him he is going to be with the other parent who loves him and is so excited to be able to spend time with him.Tell him you’ll miss him and he’ll miss you, but you’ll be together again very soon.

Do not dwell on how hard the separation will be for you. That is not your child’s burden to carry. Instead, give him permission to enjoy himself and have fun. Be happy he is about to have this experience.

Additionally, you will want to ensure your child feels like they are able to reach out to you at any time while they are away. Even if they are thrilled to spend time with their other parent, it is not unusal for a child to take time to adapt to an environment outside of their day-to-day home. Encourage your child to make the most out of their time with the other parent to help ease any anxiety or stress they may be feeling.

Having a strong co-parenting relationship can help to make summer vacation a breeze for your child. Both separated parents should come together to help their children enjoy the time they get on summer break. If your divorce agreement does not include visitation schedules with extended periods of visitation during summer, you may be able to make an amendment to your child custody. Schedule an appointment with one of our divorce lawyers today to learn more about how you can get a custody schedule that fits your child’s needs.

Experienced Family Law Attorney in Houston, TX

At Renken Law Firm, we work with our clients to help them navigate the divorce process. We understand how complicated and emotionally draining this experience can be, this is why we work with you every step of the way. Contact our law office to explore your options for traditional marriage divorce and common law divorce, and find out how we can help you resolve any legal problems you are currently facing.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Can My Child Decide Which Parent They Want to Live With?

Posted by Renken Law Firm on February 1, 2023

It is the court’s primary focus to promote the best interest of all children involved in a custody case. This means, the court will make decisions they believe allow the child to develop safely even if they go against the child’s wishes. However, a child’s preference of home is one of the factors they will take into consideration when making their choice.

The Significance of “The Best Interest of the Child”

The previous section made reference to the phrase “the best interests of the child”. Texas law specifically states that the best interest of the child must be the court’s primary consideration in determining issues of conservatorship and possession of and access to the child.

To assist judges in making that determination, the Texas Supreme Court provided a list of factors for judges to consider. These include:

the child’s desires
the child’s immediate and future physical and emotional needs
any immediate and future physical and emotional danger to the child
the parental abilities of each parent
the programs available to assist parents who want to promote the best interests of their child
the plans each parent has for the child
the stability of the home or proposed home
any actions or failures to act that may indicate that the parents don’t have a proper parent-child relationship, and
any excuse the parents may have for those actions and failures to act.

The fact that judges interview children doesn’t mean they have to adopt the children’s wishes as the basis of a custody decision.

Will the Court Consider a Child’s Preferences?

Yes, if the circumstances warrant it. Notice that the first factor in the “best interests” list above is “the child’s desires” .The Texas statutes provide some guidance as to how a judge should approach this. Texas Family Code – Chapter 153, section 153.009 states that if a parent, or an attorney appointed by the court to specifically represent the children’s interest, requests that the judge interview a child 12 or older, the judge must do so. For a child under the age of 12, the statute leaves it up to the judge to decide whether to speak with the child.

The judge will conduct a child interview in chambers (meaning in the judge’s office). A judge will usually permit the parents’ attorneys, and any attorney representing the children, to be present for the interview. If the child is 12 or older, a court reporter will make a transcript of the interview if the attorneys request it, or if the court decides to order it on its own.

The fact that judges interview children doesn’t mean they have to adopt the children’s wishes as the basis of a custody decision. The reality is that the court will assess a child’s maturity level and ability to make a sound, well-reasoned judgment. The older the child, the greater the weight the court will likely give that child’s preference.

A judge will also try to ascertain whether a child’s expressed preference is based on a parent’s undue influence. So a court is likely to discount a child’s wishes if it determines that one parent was constantly disparaging the other in front of the child, or if it appears a parent attempted to buy-off the child, such as with promises of gifts.

When it comes to a child’s preference, the court will base any decision on “the best interest of the child” standard.

When Can a Child Decide Which Parent to Live With in Texas?

Children can make that decision only when they’re no longer considered minors, which ordinarily means they’ve reached the age of 18. This rule also applies to whether a child can refuse visitation (access time) with a parent. Before that age, the ultimate determination of whom to live or spend time with rests with the parents (if they can agree) or the court.

A question may arise as to whether a 16-year-old can choose which parent to live with in Texas. There’s an exception to the rule that a child must be 18 years old. That exception exists when a court declares a child to be “emancipated,” (In Texas, emancipation is formally known as “removal of disabilities of minority.”) If emancipated, children will have the same rights as if they were 18.

Under Texas law, the court can grant emancipation if the minor is:

a resident of Texas
17 years of age, or at least 16 years of age and living separate and apart from the minor’s parents, managing conservator, or guardian, and
self-supporting and managing the minor’s own financial affairs.

Can My Child Decide Which Parent They Want to Live With?

No, but their wishes will be taken into consideration when the court makes the final custody ruling.

Custody Lawyer in Houston, TX

Marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Family Law Attorney Houston

Posted by Renken Law Firm on January 20, 2023

Family Law attorney Houston specialist, Renken Law Firm, can offer support and advice during difficult family disputes. Whether you are going through a divorce, need assistance when drafting a will, or are dealing with other family matters, our family law attorneys have the experience and the knowledge to help provide a favorable resolution. With our expertise and understanding of family law principles, we can effectively guide you through any legal family issues that may arise. We strive to ensure you are provided with the best possible outcome for you and your family’s unique needs.

What Does A Family Lawyer Attorney Do?

Family law covers a wide range of family matters, from issues related to marriage and civil unions to family disputes such as adoption and guardianship. The family court structure is the legal system where family-related court proceedings are held in order to ensure that family-related issues are dealt with in an equitable, timely and reasoned manner. Family law also involves important matters such as divorce, spousal support, division of property, custody, access to children and relocation.

When approaching family law matters it is important for individuals to have a good understanding of their own rights, obligations and entitlements as well as the family laws governing the case. In family law matters each family’s circumstances must be considered in order to reach agreements that are fair and just for all parties involved.

At Renken Law Firm, our team is well-versed on the latest knowledge of state laws and regulations to effectively mediate on behalf of families throughout Harris County. With years of professional experience under our belts, we understand how stressful navigating family issues can be, which is why we strive to provide high quality advice with compassion and understanding.

How To Find The Best Family Law Attorney

Finding the right family lawyer for your legal needs in Houston can be a daunting process as there are multiple family law firms to choose from. However, with the correct research and strategy, you can make sure that you have found the family law specialist that best fits your legal needs. First and foremost, it is important to assess your family’s legal requirements by researching applicable family laws relative to the situation at hand.

Once you have a good understanding of what needs to be done, seek out referrals from family, friends or reputable sources within the local community in order to get an idea as to which family law firms should be further researched and considered. Additionally, online research can also offer insight on family law attorneys practicing in Houston that must not be overlooked. Ultimately, take your time to understand multiple family lawyers’ backgrounds and qualifications in order to make an informed choice that meets your family’s specific legal goals.

Retaining A Family Lawyer

Do you need legal help for a family-related issue in Houston, Texas? If so, hiring a qualified and experienced family law attorney can give you the guidance and support that you need in navigating difficult legal situations or seeking resolutions. A knowledgeable attorney will leverage their expertise to make sure your rights are protected, whether it be during divorce proceedings or child custody dispute resolution.

When dealing with family law, it is important to know what to expect. It’s understandable to be overwhelmed with the legal complexity of family law issues, but there are ways to navigate through it. Understanding family law encompasses the legal rules and procedures related to family-related relationships, including marriage, divorce, custody, and support matters among others. Each family law case will be unique and may require different procedures for each party involved to reach an agreement. Whether you are considering marriage or are already married, facing a divorce or separation, looking for family-related advice or navigating a dispute over child custody, family law can help ensure your rights and interests are available in any event.

Family Law Attorney Child Custody

The Renken Law Firm in Houston, TX is a trusted source for child custody and family law matters. Serving the Houston-Woodlands-Sugarland metropolitan area and surrounding counties, Attorney Renken makes it her goal to protect the rights of clients as they go through child custody and divorce proceedings. With over 10 years of experience in child custody cases,

Attorney Renken has successfully helped many families determine the right child custody plan that works for each party involved. Whether you are looking to modify existing child support and custodial arrangements or modify shared parenting time, Attorney Renken will fight on your behalf to ensure your interests are protected throughout the case.

Family Law Attorney Divorce Consultation

A divorce is a difficult and emotional experience, but having the right divorce attorney can make all the difference. The Renken Law Firm in Houston, TX provides the informed legal guidance needed to get through divorce proceedings with minimal hassle. Their team of experienced family law attorneys will handle every aspect of divorce cases, from alimony and property division to modifications and collaborative divorce. No matter what kind of divorce process one pursues, the Renken Law Firm is dedicated to resolving matters for their clients as quickly and painlessly as possible.

Working with a family law attorney during a divorce consultation can be a daunting task. Even when the decision is mutual, emotions can easily run high. That’s why it’s important to find an experienced family law attorney you feel comfortable working with – one who will listen and give you clear, honest advice tailored to your family’s specific needs. At Renken Law Firm, our family attorneys are dedicated to helping couples through the difficult decisions of family court. We take the time to understand each person’s unique perspectives and wishes, so we can craft solutions that provide a stable future for the whole family.

Contacting A Family Law Attorney Houston Specialist

When it comes to family law, Houston, TX is home to Renken Law Firm. Our family lawyers are here to provide you with personalized attention as you navigate complex family matters such as custody issues, divorce, and other family disputes. We offer a variety of services from family mediation to adoption services, so that our clients can find the resolution they need while avoiding costly court litigation. Our clients employ family law attorneys here at Renken Law Firm to ensure their rights are protected and the best interests of their family are in mind.

Though every family law case is different, understanding the process can help to alleviate some of the stress and anxiety that comes with it. At Renken Law Firm, we have a team of dedicated professionals who are here to guide you through every step of your case, from start to finish. We believe that knowledge is power, and we will work tirelessly to ensure that you have the information and support you need to make the best decisions for yourself and your family. Contact us today to schedule a consultation, so we can discuss your individual situation and answer any questions you may have.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Do I Have Rights as a Grandparent in Texas?

Posted by Renken Law Firm on December 30, 2022

When it comes to children, courts always will try to act in the best interest of a child. This may mean granting custody or visitation to grandparents or even having parental rights terminated and given to a grandparent. If you have wondered, “Do I Have Rights as a Grandparent in Texas?” Reach out to the team at Renken Law Firm. Our team works to promote each child’s best interest and will work with grandparents to help them get custody or visitation rights.

Grandparent Visitation Regulations

Nearly every state provides rights to grandparents in visitations with grandchildren. These rights can even extend to custody if the parents are either unfit or cannot perform the normal or necessary parenting duties. A request for custody starts through the courts to ensure the best interests of the child. Visitations generally start before custody is given to assess the level of care the elderly can give to a youth in the transfer. The same is possible with visitation if the parents refuse to grant access to children by contacting the courts and forcing visitation.

Special Circumstances

The courts usually grant visitation automatically if certain conditions exist. Custody is also possible in these same situations. These include divorced parents, abuse or neglect, incarcerated parents and a court order. Some situations involve the termination of parental rights which can lead to adoption or fostering the children of the marriage to others. If the child lives with grandparents for no less than six months, Texas laws can transfer custody permanently to the grandparents. While these visitation rights can provide the elderly members of the family with more time, they are not absolute rights in this state.

No Rights for the Grandparent

While there is no absolute right to visitation, the grandparents have more rights in Texas in the exceptions and in standard situations. However, these couples cannot request visitation if the youth goes through adoption to anyone other than a step-parent. There are certain limitations to these rights if an adoption closes if the parents leave the state and if the child is no longer a minor and does not want to see the couple. It is important for the grandmother and father to determine what other rights exist or have limits based on the specific circumstance.

Living with the Grandparents

There are times when the young person lives with the grandparents permanently. In these situations, it is possible for the couple to seek custody because the youth is always with the two. This can also provide access to child support if necessary. Because both parents have a legal obligation to ensure financial and medical support is available to the child, grandparents can acquire this with custody. Through acquiring custody legally in the state, the parents must pay these costs to the couple. There are additional resources to learn about these matters through the Child Support Division.

Access and Visitation

The access to grandchildren may depend on the age of their grandparents. Some parents of these youths may feel that the elderly that are over 70 may have little time or energy to run around or pay attention to little children. However, visitations and access to these youths start with communication and personal interaction. If the grandparent wants to remain in the life of the young person, he or she may need to explain this to the parents first. It is usually only when the parents cut off visitation that the problems between these parties start.

References for Visitation

The rights of the grandparent, while not absolute, are usually available in most situations. Even when the parents make these circumstances difficult, the grandparents can seek other resources such as legal hotlines for assistance that can explain what rights exist and how to proceed with gaining access to these younger children. When the elderly are of a certain age, there are references available based on the advanced age. There are organizations that can explain how to gain access to grandchildren and what rights are available in Texas. Other references can connect the elderly individual or couple to a lawyer. Depending on the situation, the grandparents may need to access a different program or reference for legal support, petitioning for visitation or to acquire custody of the grandchild affected by neglect or abuse.

Grandparent Legal Support in Texas

To express the rights of the grandparent, he or she may need to hire a lawyer to petition the courts or to gain access to a grandchild. Sometimes, the lawyer may only need to communicate the needs and wants to the parents of the grandchild rather than seek the courts’ assistance.

Affordable Family Lawyer in Houston, TX

Our team proudly serves the Greater Houston area, including but not limited to Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Houston, Humble, Katy, Kingwood, Memorial Houston, Montgomery County, Montrose, Richmond, Rosenberg, Spring, The Woodlands. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

Can A Father Win Custody in Texas?

Posted by Renken Law Firm on November 4, 2022

Are you a father looking to win primary child custody in Texas? Working with an experienced Texas family law attorney can help you to build a strong child custody case to present to a judge in the state of Texas court system.

How Fathers Can Get Custody

It is fully possible for fathers to get full custody of their children. However, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality.

Paternity

There are two ways to determine paternity: biologically or legally. Under the Uniform Parentage Act, a man is an “alleged father” if they have not established biological paternity or achieved presumed fatherhood.8 The law often distinguishes between the legal and biological recognition of paternity: “Where such births result from sexual intercourse between consenting adults, genetic ties almost always themselves determine legal motherhood, but often only help determine legal fatherhood.”6

However, legal parentage is required to receive the constitutional rights that make the tender years doctrine unlawful.

In cases where the father is not married to the mother, but another man is, courts have ruled that fatherhood may be determined by who the mother is married to, rather than biology.9 If a father is not married to the mother, or if he does not sign an acknowledgment of paternity, he cannot be granted custody or visitation rights.6

Primary Caregiver Role

A primary caregiver is a person who consistently is responsible for the housing, health, and safety of another.10 In custody proceedings, courts assume the primary caretaker is experienced and knowledgeable regarding the child’s educational needs, medical needs, and more. As family dynamics shift from stay-at-home mothers and working fathers, there may be a presumption on who mostly handles the roles of primary caretaker. Fathers must show their engagement in caring for their child academically, medically, and in other critical areas.

In families where the mother does stay home or work less, there is a preconceived notion that children’s bond with the stay-at-home parent is stronger than their bond with the working parent. As part of making decisions within the child’s best interests, a change in primary caregiver is typically considered as causing at least some distress to the child.11

Because of this, courts are hesitant to change a child’s primary care provider unless it is in the child’s best interest.11 The non-primary caretaker parent should offer some other evidence counterbalancing this finding, such as the child’s aptitude to adjust to new environments.

The mere fact that a parent balances work and family needs should not be determinative in decisions regarding their aptitude to connect with their children. Therefore, it is necessary to examine the working-parent and child relationship on an individual basis. Doing so would provide that parent with the opportunity to demonstrate the strength of their relationship during a custodial proceeding.

Mothers, whether they work or not, statistically, tend to have more responsibility for parenting aspects such as attending parent-teacher conferences, school plays, doctor visits, playing at parks, helping with homework, and other activities. In fact, studies have found that 48% of fathers in the U.S. participated in their children’s school activities once a year or less.12

A father seeking custody may need to overcome this and demonstrate to the court that they participate in all aspects of parenting, not just financially. Courts appear to want the primary caretaker to be an experienced and knowledgeable parent who knows how the child learns best, their major health needs, etc.7 Demonstrating involvement in these crucial aspects of care is important.

Quality of the Home Environment

The quality of the home environment is another element of the “best interest standard” that may further burden fathers due to beliefs about their parenting when compared with mothers.11

When looking at this element, the courts consider things like intellectual, emotional, and cultural factors. Courts weigh the quality of the home environment for both parents, however, when neither home is harmful in any way, courts will also take into account which home is just better.11 For example, a parent filing for primary physical custody may cite superior academic opportunities and zoning catchments, showing the court that they have a well-developed educational plan for their child.

In addition, there may be incorrect assumptions about the father’s capability to meet the child’s emotional needs. Thus, a father should demonstrate his understanding of his child’s emotional needs. The emotional wellness of a child is an important factor in determining where a child should live.

Working with an experienced family law attorney can help responsible fathers win custody of their children in Texas.

Affordable Family Lawyer in Houston, TX

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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How Can I Revise My Custody Agreement?

Posted by Renken Law Firm on October 24, 2022

Are you looking for answers for how you can revise your custody agreement? Working with an experienced family law attorney can provide you with solutions to this problem to help promote the best interest of your child or children.

At Renken Law Firm we provide legal advice on a wide range of family court matters including custody of a child, child custody modification process, visitation schedule, child support payment, and more. Call us today to schedule a consultation for modifying your child custody agreement.

Who can file a modification case?

Either parent can file a modification case.

If you are not the child’s parent, you can file a modification case if:

You are listed as a party in the current order,
You have had actual care, control and possession of the child for at least 6 months ending not more than 90 days before the date you file the modification case with the court and you are not a foster parent.
You have lived with the child and the child’s parent, guardian or conservator for at least 6 months ending not more than 90 days before the date you file the modification case, and the child’s parent, guardian or conservator has died.
You are the child’s grandparent, great-grandparent, sister, brother, aunt, uncle, niece or nephew and:
Both parents are dead,
Both parents, the surviving parent or managing conservator agree,
The child’s present circumstances will significantly harm the child’s physical health or emotional development.

The Texas Attorney General Child Support Division can also file a modification case.

Where do I file a modification case?

You must file a modification case in the Texas county where the current order was made.

If the child has lived in another Texas county for the last 6 months, you must still file the modification case in the county where the current order was made. However, you have the option of asking the court to transfer the case to the child’s new home county. You must file a Motion to Transfer at the same time you file your Petition to Modify the Parent-Child Relationship. Talk to a lawyer about whether this makes sense for your case.

If your child has lived in another state for the last 6 months, talk with a lawyer about where to file your case.

Who is the “petitioner” in a modification case?

The person asking for the current order to be changed is the “petitioner.” This is true even if that person is listed as a “respondent” in the existing order.

Who must be listed as a “respondent” in a modification case?

Anyone else listed as a party in the current order must be listed as a “respondent.”

If the Office of the Attorney General Child Support Division is listed as a party in the current order you must also list it as a “respondent.”

Will the judge change my court order?

It depends. There are legal standards that judges must follow before changing a court order. It is up to the person asking for the change to prove the legal standard. Read about the different legal standards below.

What is the legal standard to change child support or medical support?

To change child support or medical support you must prove that:

The circumstances of the child, a conservator or other person affected by the order have materially and substantially changed, or
It has been at least three years since the last child support order, and a new support order, based on child support guidelines, would differ from the last support order by at least 20% or $100.

What is a “material and substantial change in circumstances” for changing child support or medical and dental support?

Generally, this means that at least one of these things has happened:

The income of the parent ordered to pay child support has either increased or decreased, or
The parent ordered to pay child support is legally responsible for additional children, or
The child’s medical insurance coverage has changed, or
The child’s living arrangements have changed.
If you still are wondering

How Can I Revise My Custody Agreement?

Reach out to our team to learn more about the process of modifying your child custody agreement.

Affordable Family Lawyer in Houston, TX

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Win Custody in Your Divorce Case

Posted by Renken Law Firm on October 4, 2022

Are you a Houston parent that wants to win custody in your divorce case? Working with an experienced family law attorney can help you in your child custody battle. Our family law firm will work with you either through mediation to reach an agreement regarding your parenting plan or to help you gain full custody and child support in court.

Learn more about the different types of custody and factors that go into determining who will win child custody below.

Types of Custody Arrangements

There’s no one-size-fits-all custody arrangement; the terms of your final custody plan are supposed to be tailored to meet the needs of your family.

The final custody order should normally address both physical custody (which parent the child lives with) and legal custody (which parent has the right and obligation to make decisions about the child’s upbringing).

Most custody orders divvy up custody in one of the following ways:

sole legal custody and sole physical custody to one parent
sole physical custody and joint (shared) legal custody
joint physical custody and joint legal custody, or
sole legal custody and joint physical custody (rare).

When an order specifies that one parent has sole physical custody, the judge will typically create a visitation schedule to ensure the child has the opportunity to enjoy a meaningful relationship with the noncustodial parent.

Who Decides Custody?

As is the case with most family law issues, courts will give a lot of weight to any agreements that parents reach regarding child custody. If parents can work together to achieve a fair and proper custody arrangement, the judge will likely adopt it into a court order. Working together is the best opportunity for parents to control what happens to their families after a separation or divorce.

If you’ve tried talking with your spouse or participated in child custody mediation, but you still disagree on how to allocate custody and visitation, the court will decide for you. In most states, the judge must investigate and apply specific factors to every custody decision. Once the judge enters a child custody order, it is binding on and enforceable by both parents, even if one disagrees.

How Courts Make Custody Decisions

Almost all courts use a standard that gives the “best interests of the child” the highest priority when deciding custody issues. What a judge considers to be in the best interests of the child depends on many factors, including:

the child’s age, sex, and mental and physical health
each parent’s mental and physical health
each parent’s lifestyle and other social factors,
the emotional bond between each parent and child, as well as each parent’s ability to give the child guidance
each parent’s ability to provide the child with food, shelter, clothing, and medical care
the child’s established living pattern (school, home, community, religious institution)
the quality of the child’s education in the current situation
the impact on the child of changing the status quo, and
the child’s preference if the child is mature enough to express an opinion.

Assuming that none of these factors favors one parent over the other, most courts tend to focus on which parent is likely to provide the child with a stable environment and better foster the child’s relationship with the other parent. When the child is young, this might mean awarding custody to the parent who has been the child’s primary caregiver. With an older child, the court’s best interests evaluation might lean in favor of the parent who can foster continuity in education, neighborhood life, religious life, and peer relationships.

In tough child custody cases—such as those where one parent is claiming that the other is “unfit”—judges might order a child custody evaluation. Parents can request a custody evaluation even when a judge doesn’t. A child custody evaluator can provide information and recommendations that will help the judge decide what’s in the child’s best interests.

Are there special issues if a gay or lesbian parent is seeking custody or visitation rights?

Generally, the court will consider a parent’s sexual orientation only if it negatively impacts the child. For example, suppose a child’s parent enters into an abusive relationship with a same-sex partner, causing the child to experience domestic violence that requires frequent moves between homes, hospitalizations, or police intervention. In that case, the court is less likely to award custody to that parent. Instead, the court will allocate parental responsibility to the other parent if the judge finds that parent to be “fit” under the law.

However, lesbian, gay, or transgender parents might still experience discrimination from judges who can’t set aside their own prejudices when evaluating what’s in a child’s best interests. These judges might be motivated by their own or community prejudices and might try to conceal the true reasons for their decisions by citing issues other than the lesbian or gay parent’s sexual orientation to deny custody or appropriate visitation.

Attorney Renken can help you win custody in your divorce case. Reach out to us today to learn more about how to resolve your divorce issues.

Affordable Family Lawyer Serving Houston, TX

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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How Can I Strengthen My Case For Custody

Posted by Renken Law Firm on September 28, 2022

One of the most common questions divorcing parents ask is: How Can I Strengthen My Case For Custody?

Child custody can be a very sensitive subject for families to take on. Not only are the emotions of both parents on the line, the welfare of any child involved is also.

You may feel frustrated and unsure of how to go about proving that you are the better suited parent for custody. It is important that you navigate this situation delicately, involving your children as minimally as possible.

Working with an experienced family law attorney can help you to make a strong case for why you are the parent that should be awarded custody. Attorney Dawn Renken is familiar with child custody cases in Texas and can provide your with the information and guidance you will need to make the most informed choices for your child.

Understand the ‘Better Parent’ Standard

A lot of parents go into a child custody hearing with the intention of seeking sole custody. For some parents, this is because they believe that the other parent is “unfit” to raise their child. Others would prefer to have sole custody for other reasons.

However, any parent hoping to win child custody should realize that there is a higher burden of proof for the parent seeking sole custody. Factors that play a role in this decision:

Courts don’t want to interfere in parent/child relationships: Most judges are reluctant to prevent either parent from having a relationship with their child because the implication is that both parents, together, are best able to care for a child.

One parent must be established as a better parent: To award sole custody, the courts have to establish one parent as the ‘better parent,’ which can be difficult to do, particularly if both parents have been involved up until this point.

The burden of proof is on you: As a result, any parent seeking sole custody has to prove that he or she is best able to care for a child, with or without the assistance of the other parent.

From a judge’s standpoint, parents should not be “trashing” one another during a child custody hearing. Instead, the parent seeking sole custody should focus on proving that he or she is the better parent without attacking his or her counterpart.

Prove You’re the Better Parent

Parents seeking sole custody should focus on the following factors to support a sole custody petition:

The physical well-being of the child: For example, focus on your child’s routine, sleeping habits, eating schedule, and after-school activities. Judges tend to notice parents who encourage a healthy lifestyle.
The psychological well-being of the child: For example, making sure that the child has access to liberal visitation with the other parent. Judges tend to favor parents who openly support the child’s ongoing relationship with the other parent.

If you are still wondering, “How Can I Strengthen My Case For Custody?” Set up a consultation with our legal team. We will work with you to tackle your custody issue and support the best interests of the child.

Affordable Family Lawyer Serving Houston, TX

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
https://therenkenlawfirm.com
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