Dan Bayless Attorney at Law
Dan Bayless Attorney at Law
Dan Bayless Attorney at Law Dan Bayless Attorney at Law
Dan Bayless Attorney at Law Dan Bayless Attorney at Law Dan Bayless Attorney at Law
Dan Bayless Attorney at Law
Dan Bayless Attorney at Law

106 W Houston St.
Cleveland, TX 77327-4410

Dan Bayless Attorney at Law
Dan Bayless Attorney at Law Dan Bayless Attorney at Law
Dan Bayless Attorney at Law
Cleveland, TX Attorney Cleveland, TX Attorney
Cleveland, TX Attorney
Cleveland, TX Attorney

Bayless Law Services

Child Custody

Child CustodyThe first consideration in Texas child custody litigation is what is in the best interest of the child. The Texas Family Code specifically prohibits the courts from discriminating against either parent on the basis of gender when assigning primary custody of a child. There are a number of presumptions built into the Family Code. For example, it is presumed that the parents should be named joint managing conservators, absent a history or pattern of family violence, abuse or neglect of the child. That means that the rights, privileges, duties and responsibilities of parenthood that accrued naturally, with the birth of the child, should remain relatively stable in most cases, except that only one parent will have the exclusive right to designate where the child resides and attends school. The other parent will have the right of possession of the child at all times mutually agreed, and in absence of mutual agreement, under the terms and conditions of the Standard Possession Order set forth in the Texas Family Code, Section 153.311, et. seq. Custody cases can be quite taxing, both emotionally and financially. For that reason, various alternative methods of settlement are available, including collaborative law, mediation, settlement conferences, and family counseling. In the event that a stalemate is reached and the parents cannot agree on any compromise regarding primary custody of a child, a trial is available to make that determination. Except in the case of a jury trial, a child who is twelve years or older will be allowed to discuss his or her concerns with the judge. Children under twelve may be allowed to confer with the judge, based on the child’s maturity and the judge’s discretion. If either party feels more comfortable presenting the facts to twelve jurors, rather than one judge, Texas is one of the very few states that allow a jury to determine primary custody of children in such cases.

Notice: This is offered as general information only and should not be interpreted as legal advice because everyone's situation is unique to that individual. For an in-depth analysis of your personal circumstances, you should contact an experienced attorney of your choice.

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