What to Expect at a Texas Child Custody Hearing
Child custody cases are called Suits Affecting the Parent-Child Relationship in Texas, and they determine conservatorship and possession and access of the child, which is what other states refer to as legal and physical custody.
Our experienced Pearland, TX, child custody attorneys at The Powell Law Firm are standing by to help.
Temporary Orders Hearings
Many Texas custody cases begin with a temporary orders hearing. This early hearing sets the rules while the case is pending, such as where the children will live, the possession schedule, and temporary child support. Temporary orders hearings are often short, so each side has limited time to present testimony and evidence. Because temporary orders can affect the rest of the case, preparing for this hearing matters as much as preparing for trial.
Mediation Before a Final Hearing
Many Texas courts require parents to attend mediation before a final custody trial. In mediation, a neutral mediator works with both sides to try to reach an agreement. If you settle, the agreement can become the final order. If you don’t, the case moves forward to a final hearing, and nothing said in mediation is generally used against you in court.
What Happens at the Final Hearing
Your Pearland case will likely be heard in a Brazoria County district court in Angleton, or in Harris or Fort Bend County, depending on where you live. Most custody cases are decided by a judge. In Texas, however, either parent can request a jury to decide certain issues, such as which parent will have the right to designate the children’s primary residence.
At the hearing, each side presents its case. This generally includes:
- Testimony: You, the other parent, and other witnesses may testify and be cross-examined.
- Documents and records: Evidence such as school records, medical records, text messages, emails, and photos may be presented.
- Professional input: In some cases, the court may order a custody evaluation or appoint an amicus attorney or guardian ad litem to represent the children’s interests.
- The child’s wishes: On request, the judge must interview a child 12 or older in chambers about their wishes and may interview a younger child.
How the Judge Decides
Texas courts must base custody decisions on the children’s best interests. They begin with the presumption that appointing both parents as joint managing conservators, which means sharing rights and duties, is in the children’s best interests. This presumption can be overcome by evidence such as family violence. Even in joint conservatorship, one parent usually has the right to designate the children’s primary residence.
The judge will consider best-interest factors like the following:
- The children’s physical, emotional, mental, educational, and medical needs, and each parent’s ability to meet them
- The relationship each parent has with the children
- Each parent’s involvement in raising the children so far
- Each parent’s willingness to support the children’s relationship with the other parent
- Each parent’s ability to co-parent effectively
- The stability of each parent’s home
- How well the children’s current living arrangement serves their daily lives, schooling, and community
- Any history of child neglect, child abuse, or family violence
How to Prepare for Your Hearing
Preparation can make a difference in how your case is presented. Your attorney can help you:
- Organize evidence
- Prepare witnesses
- Practice your testimony, including answering questions on cross-examination
On the day of the hearing, dress appropriately, arrive early, and stay calm and respectful, even if the other parent’s testimony is difficult to hear. The judge will be observing how each parent conducts themselves.
Turn to Our Experienced Pearland Child Custody Attorneys for the Help You Need
Our accomplished Pearland, TX, child custody attorneys at The Powell Law Firm are committed to skilled advocacy on your behalf, and we will leave no stone unturned in the process. Because your parenting time will be directly affected by your case, you should not wait to reach out for more information about everything we can do to help you by contacting us online or giving our firm a call at 832-850-6095 today.
