At the end of your divorce case in Montgomery County you and your ex-spouse will have very specific parental rights and responsibilities spelled out in your divorce decree. Most parents end up being appointed as either a managing conservator or at least a possessory conservator of their child or children. What are your rights and duties as a conservator during the time when you are the parent in possession of the child or children? What are the rights and duties of your ex-spouse when he or she has possession of your child or children?

Unless limited by court order, each parent appointed as a conservator of a child has the following rights and duties during the time that the parent has possession of the child:

1. The duty of Read more…

Today we will review the standard possession order as it applies when the possessory conservator resides more than 100 miles from the residence of the child. There are some significant differences from the possession order that is used if you are within 100 miles of the child’s residence so review it carefully with your Woodlands, TX Divorce Attorney before your Montgomery County Divorce is finalized.

If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows:

(1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend Read more…

When will you get to see your child?

When will your ex-spouse get to see your child?

These are very important questions for anybody going through divorce in Montgomery County, Texas. Whenever possible, your Woodlands Divorce Attorney will work to reach an agreement that you can be satisfied with. If your divorce attorney cannot negotiate an agreement with your ex-spouse then the final decision will likely be made by the divorce court judge. In those cases, the judge will be guided by the Standard Possession Order that lawmakers put in place as presumptively in the best interest of your child (whom they know nothing about).

For Parents Who Reside 100 Miles or Less Apart

(a)  If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: Read more…

A lot changes in the relationship between a parent and child after a divorce in Montgomery County is final. As parents go through divorce they usually spend a lot of time sorting out parental issues. Either through agreement or a judge’s order these issues are generally a critical element of every divorce order where children are involved. There is a very wide variety in how a final divorce order will allocate these rights and duties, but there is a starting point we can take a look at.

Texas law provides that each parent appointed as a conservator of a child has certain rights. Each parent has these rights unless Read more…

The best interest of the child is the primary consideration in determining conservatorship and possession of and access to the child.

Those words are repeated so often by local family court judges in Conroe and Houston that they eventually take on a legendary status. If you or your ex-spouse is behaving or used to behave in a way that allows a judge to question if being with you or your ex-spouse is in the best interest of the child then your access to your child may be restricted, severely in some cases.

Today we are going to look at the case of Richard Walters and his divorce from Deborah Walters. One of the issues in the Walters case was custody of their five year old son, Christopher.

Richard’s divorce attorney presented evidence at trial that: Read more…