Petitioning For Custody With Child Custody Lawyers Bee Cave TX

by | Aug 13, 2019 | Law

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In Texas, child custody is determined through the family court. When a child is at risk, a parent files a petition to obtain sole custody. Emergency custody is possible if child protective services find a serious risk to the child. Child Custody Lawyers Bee Cave TX offers assistance when a child is at risk.

Reporting a Risk to the Child

The parent explains the risk to child protective services and the authorities in some cases. If the parent harmed the child, the child is examined by a doctor and interviewed by a child psychologist. The findings are reported to a family court judge.

Emergency Child Custody

A fast hearing is scheduled for emergency child custody. The parent brings the child to court and discusses the risks with the judge. Emergency custody is available for six months to one year depending on the risk to the child. The opposing parent has until the formal hearing to eliminate the risk and become a suitable parent for the child.

The Formal Hearing

The formal hearing is held to provide sole custody to the parent. The judge reviews each party and determines who presents the most suitable living environment for the child. If the risk is still present, sole child custody is awarded, and the noncustodial parent receives supervised visitation. However, if the parent is a serious risk to the child, the court might terminate their parental rights entirely.

Expectations After Receiving Custody

Some courts require regular inspections and caseworker visits. If the custody orders are changed, a caseworker evaluates the noncustodial parent for potential risks. Drug or alcohol addiction is managed through an approved program. If the parent has an addiction, the court monitors their progress in a rehab program.

In Texas, sole child custody is available when there is a risk to the child. Parents petition the court for emergency custody to remove the child from the risk. Child protective services are contacted to investigate the allegations and substantiate the claims. Formal hearings are scheduled to finalize the sole custody arrangements. Parents who want to learn more about the proceedings can contact Child Custody Lawyers Bee Cave TX through Margaglione Law PLLC right now.