Can you modify a custody order?

January 24, 2022Leave a comment

Can you modify a child custody order in Texas?

If your circumstances have changed, it is possible to modify a child custody order.

If you are divorced and have children, you know that the custody order determines who has custody of the children. However, you may believe that the order is set in stone, even if it no longer is feasible. Fortunately, this is not the case in Texas, as many of life’s events such as job relocation can serve as the basis to ask a court to modify a child custody order. Additionally, orders may be changed if there are other changes in circumstances where the current order no longer reflects the child’s best interests.

When orders may be modified

Under Texas law, either parent may file a petition seeking child custody modification anytime. The petition must be filed in the court that granted the divorce, unless the child has moved. If this has happened, the case may be transferred to the court in the child’s new county.

Depending on whether there is agreement between the parties, the modification process can be quite swift. If both parents agree that there is a need to modify the order, all that needs to be done is to submit a proposed custody order reflecting the changes to the court. The court will then review the modification and approve it in most cases. Once the order has been approved, it becomes legally enforceable.

In cases where the parents do not agree on the need to modify the order, the modification process is lengthier, as both parents need to go in front of a judge to modify the order. Under the law, the parent that wishes to modify the order must demonstrate that:

• The child is 12 years old and wishes to change the primary caregiver; or

• There has been a change in circumstances that is material and substantial; and

• The proposed changes to the order would serve the child’s best interests.

If the child is under 12 years old or does not wish to change the primary caregiver, the order cannot be modified unless the change in circumstances has been material and substantial. Courts in Texas have interpreted this requirement to include:

• Changes in marital status of the parents

• Job relocations

• Unemployment

• Medical conditions

• Abuse or neglect of the child by either parent

• Substance abuse

In all cases, the court will not modify the custody order unless the changes reflect the best interests of the child. In determining whether the proposed order meets this standard, courts consider many factors such as the child’s needs, wishes (if he or she is old enough to express them) and relationship to each parent.

Can The Fetty Firm Help Me?

Yes, we can! If you are ready to seek a family law attorney, visit our law firm. Rashelle Fetty is the best attorney in Colleyville as well as the sole attorney at this firm. She is highly qualified and can bring her expertise to your court hearing. She represents clients for family law issues and could become your savior in this situation.

You may not be well-versed in the ins and outs of the legal system, but Ms. Fetty is. She has been working in the legal field since 2008, which makes her experience range over a decade, so you can count on years of experience! Rashelle grew up in Enid, Oklahoma and went to college at Old Dominion University in Norfolk, Virginia. Clients are her first priority and they can feel the difference her attention makes.

Rashelle Fetty is a Board Certified Family Law Attorney

There are many aspects of family law. Here is a list of the family law matters that The Fetty Firm covers.

Adoption
Child Support
Child Custody
Divorce
Enforcement of/Modification of Orders
Spousal Support
Termination of Parental Rights

There may be many irresponsible attorneys who are seeking to profit from this potentially painful situation. Representing clients sympathetically and effectively should be their focus. You deserve the best family law attorneys available to you.

How Do I Contact The Fetty Firm?

The Fetty Firm

It sounds like you are ready to proceed. You can call today to schedule a consultation with Ms. Fetty, at (214)-546-5746. If you would like to email instead, you can send your message to rashelle@thefettyfirm.com. Thank you for your time and consideration.

Take the next steps to alter your life for the better. You’ve found the TX Child Custody Lawyer and it’s time to set off!

Termination of Parental Rights

December 25, 2021Leave a comment

Termination of Parental Rights in Texas

Are you a parent who has to deal with a TX Termination Of Parental Rights issue? Call The Fetty Firm if you want the best representation in court. No matter which side you stand on in the difficult case, The Fetty Firm can assist you through the legal process of terminating the rights of a parent or avoiding rights termination. Usually, these types of cases are as complex as they are difficult.

Even if you wish to give up your parents right voluntarily, you should still hire a Texas family law attorney to ensure that your decision is legally valid. If the court is attempting to terminate your parental rights, you need a strong defense to support your case. In many circumstances, the courts may be able to find an alternative solution. If you want to retain parental rights over the legal, medical, and educational decision of your child, you might have to fight your case in court. However, an experienced attorney can make a large difference in the outcome.

Colleyville TX Termination Of Parental Rights

We can assist you in child custody cases and maintain your parent-child relationship!

What Is A Termination Of Parental Rights?

When parental rights are terminated, the individual no longer has the capability to make decisions on behalf of the child. Furthermore, the parent is not obligated to provide for the child once he or she has terminated parental rights. There are two methods of terminating parental rights: voluntary and involuntary.

Voluntary Termination

A parent may wish to terminate his or her parental rights for one of several reasons. For example, the individual may currently be required to pay child support for a child that is not biologically theirs. Instead of shirking child support payments and dealing with severe penalties later, a parent can terminate his or her right and with it, terminate the obligation to pay child support. Some parents also terminate parental rights when they believe that they are unfit to serve as the child’s guardian. Rather than make a series of unfair decisions that put the child’s welfare at risk, the parent may terminate his or her rights. That way, the child can be under the guardianship of a more suitable caretaker. Additionally, the parent will prevent the need for an involuntary termination or a criminal case arising from negative parenting decisions.

Another reason that a person may terminate their rights to parent a child has to do with adoption. In fact, termination is often required in order for the child to be adopted by another guardian. Terminating parental rights can ensure potential adoptive parents that the birth parent won’t change their minds about the adoption. Furthermore, if the parent does change their mind, they are legally limited in regards to retaliatory actions they can take. The biological parent can’t run away with their child that they gave up for adoption or make decisions for the child without the adoptive parent’s consent.

TX Termination Of Parental Rights Attorney

Involuntary Termination

That being said, the court may revoke a parent’s right to make decisions for their child. If this happens, the parent has been deemed by a judge to be unfit to parent. Sometimes, a parent may have tried to retain parental right but they were revoked due to the parent’s actions or behaviors, such as substance abuse issues. However, these cases are not clear-cut. Sometimes, spiteful ex-spouses try to paint a negative picture of their child’s parent, in order to obtain sole custody. If you believe that it is in your child’s best interest that you retain your parental rights, you can fight your case in court.

Depending on the reasons for termination, your case may vary in terms of difficulty. No matter how obvious it seems to you that you’re fit to parent your child, you need an attorney. Don’t risk your parental rights by relying on the judge’s common sense or your own great debate skills. Instead, call The Fetty Firm. We can weigh your options and figure out how we can help you.

As you can see, termination can prevent legal consequences arises from unwise parenting decisions. If you don’t intend to properly care for a child for their entire childhood, you may benefit from a voluntary termination agreement. The Fetty Firm can explain the regulations and process in more detail before you proceed with termination. For one, you must prove that the voluntary termination is in the best interest of the child, and not solely because you seek to avoid legal consequences. The termination should serve the child, not the parent.

Why Would The Court Terminate My Rights?

The reasons for voluntary termination are numerous, but they all must meet the same qualification. In order to successfully terminate your parental rights voluntarily, you must prove that doing so would be in the child’s best interest. Similarly, the court orders involuntary termination on behalf of the child’s welfare. If a court seeks to terminate your parental rights, it is because the judge believes that you are incapable of making good decisions to keep your child safe. Possible explanations for involuntary termination include abuse, neglect, abandonment, criminal behavior, or a dangerous physical or mental environment. Additionally, if you refuse to support the minor child or an adult child who has a mental or physical limitation that prohibits them from caring for themselves, your rights may be terminated.

Even if someone believes that your child isn’t in an ideal living situation, that doesn’t mean that your rights will necessarily be terminated. The courts will review all convincing evidence before making a decision. Everyone involved wants to do what’s best for your child, but first, we must discover what that means.

Termination of Parental Rights

Call Us!

If your child’s other parent is unsuitable in your opinion, we can fight to terminate their parental rights. On that same note, we will fight to help you retain your rights if someone wrongfully accused you of abuse or are getting out of a bad situation. Call The Fetty Firm law office at (214) 546-5746 to learn more about how we can help you deal with this stressful TX Termination of Parental Rights matter. Alternatively, you can contact us at any time using our online form. Let us know how we can help you.

Child Custody in Texas – What are my rights?

October 11, 2021Leave a comment

As parents, we all want what’s best for our children. Understandably, we are going to make every effort to give what we feel is best. That’s why child custody is one of the most challenging aspects of divorce.

The litigation process is extensive, lengthy, and quite frankly, difficult. Generally, it is best that you hire a family law attorney that has extensive knowledge of Texas child custody law.

Experienced Colleyville child custody lawyer Rashelle Fetty understands what you are going through. You want to make the best decision to ensure your child’s welfare. Rashelle Fetty and the Fetty Firm’s goal for each child custody case is to ensure that the rights of your child and your rights as a parent are protected.

Knowing your options

Rashelle Fetty will advise you of the types of custody that are available as your child custody lawyer. She will explain each option thoroughly. In short, there are four custody options available: joint, sole, temporary, and split.

Joint Custody

Joint custody, which is the preference of many Texas courts, is where both parents are awarded custody of the child. Joint custody is further broken down into three types:

Joint legal custody, which means that both parents have the legal right to make decisions for the child.
Share physical custody, which is the event that the child has two legal residences.
Combination of joint legal and physical custody, in which determined by numerous factors. Please consult with Rashelle Fetty and the Fetty Firm for examples as to how this may work.

Sole Custody

Sole custody is when one parent has both legal and physical custody of the child. All decisions pertaining to upbringing, education, health care, and other matters rest with parent with full legal custody. The child lives full time with the parent who has physical custody of the child.

Temporary Custody

Temporary custody is often the first step of child custody litigation, and it refers to where the child will be residing at the start of the process. The court will decide based upon the child’s best interest. This is only a short-term arrangement.

Split Custody

This differs from the types of custody listed above and typically involves two or more children. The court may decide to award full physical custody of one or more children to one parent, however neither parent has full custody of all the children. This arrangement may be based on numerous factors, such as the child’s age, where the children wish to live, and other factors.

Child custody is a very complex process and to ensure that your child’s rights and your rights are protected, you must contact an experienced child custody lawyer. Consult with The Fetty Firm today.

Child Custody Lawyer

September 5, 2021Leave a comment

Child Custody Lawyer

The litigation process is extensive, lengthy, and quite frankly, difficult. Generally, it is best that you hire a family law attorney that has extensive knowledge of Texas child custody law.

Knowing your options

Joint Custody

Joint custody, which is the preference of many Texas courts, is where both parents are awarded custody of the child. Joint custody is further broken down into three types:

Joint legal custody, which means that both parents have the legal right to make decisions for the child.
Share physical custody, which is the event that the child has two legal residences.
Combination of joint legal and physical custody, in which determined by numerous factors. Please consult with Rashelle Fetty and the Fetty Firm for examples as to how this may work.

Sole Custody

Temporary Custody

Split Custody

Custody Attorney | Child Custody Lawyer | Custody Lawyers

Child Custody in Texas

July 9, 2021July 9, 2021Leave a comment

Child Custody in Texas – Divorce

When dealing with Child Custody Legal Consultation, you should never compromise on quality. Child custody cases are very complex and sensitive cases that require experience and knowledgable law services. So if you are currently in the midst of a child custody case in or near Tarrant County, then your best bet is to contact The Fetty Firm P.C. today. With our experienced and Texas-born attorney Rashelle Fetty, you are guaranteed to get knowledgeable law services from one of the leading law firms in North Texas. Our firm will get you big firm results with the personal and relatable care and attention of a small firm.

Child Custody Legal Consultation

Family law matters are very tedious and uncomfortable affairs. The process of child custody cases is extensive, lengthy, and just difficult overall. Usually, the best way to handle these types of cases is with the services of an experienced and trusted law firm. With Rashelle Fetty, you’ll receive the services of an attorney with vast knowledge on Texas Family Law. Additionally, Ms. Fetty always puts clients as her first priority. When you work with The Fetty Firm, you will receive our full commitment and effort to ensure that you get the best settlement possible. Contact us today to learn more about our services and why we are a leading law firm.

Child Custody Legal Consultation

Rashelle Fetty understands how difficult it can be to handle child custody cases as she has dealt with these types of cases for years. One of our goals is to make sure your child’s welfare is secured. With us on your side, we’ll do everything in our power to make sure that your child and your rights as a parent are protected.

Expert Family Lawyer Services in Tarrant County

Knowing your options is very important when dealing with family law matters. As a result, Ms.Fetty always explains each type of custody that is available. You’ll receive a thorough explanation of the four types of custody: Joint, sole, temporary, and split custody. For more information on the ins and outs of child custody cases, contact The Fetty Firm P.C. today. You can get in touch with us by calling (214) 546-5746 or clicking here. Furthermore, if you wish to learn more about our firm and our Child Custody Legal Consultation services, click here.

What is joint custody in Texas? What is sole custody?

In Texas, courts divide child custody issues into two different categories: conservatorship and possession & access. There is no real “full custody” in Texas because the courts look at custody as two separate things.

Conservatorship is the rights and duties of the parents. Conservatorship can be done in different ways, including allowing one parent to make all the decisions (Sole Managing Conservatorship) or allowing both parents to jointly make the decisions (Joint Managing Conservatorship).

Possession and access refers to when the parents have physical custody of the children or when they can visit with the children. Texas has two statutory possession and access schedules: standard and extended standard. These schedules dictate the time each parent spends with the child.

However, the parties can agree on different possession and access schedules based on their needs or the court can order a different possession and access schedule based on the best interest of the child.

If you’re wanting to consult with The Fetty Firm, P.C., go ahead and give us a call for your Child Custody in Texas – Divorce issues.

Child Custody Lawyer in Tarrant County

March 15, 2021Leave a comment

Child Custody in Tarrant County

In the state of Texas, child custody is oftentimes referred to as “conservatorship.” So instead of referring to a parent as a “custodian,” courts in the state of Texas are referred to as a “conservator.” Furthermore, conservatorship is the term that describes the legal rights and responsibilities of a parent.

A family law judge decides on the detailed terms of a conservatorship. In the case that both parents come to an agreement for a custody plan, then the courts will just approve a written agreement. In all custody cases, the most important concern for courts is what is the best interest of the child. Moreover, here are the two types of conservatorship in the state of Texas:

Joint Managing Conservatorship (JMC)
Sole Managing Conservatorship (SMC)

Rights Included in a Conservatorship

Child Custody Laws in Texas

For the most part, a conservatorship includes the following rights:

Getting information from the other parent about the child’s health, education, and welfare of the child
Obtaining access to psychological, dental, medical, and education records of the child
Ability to speak to a psychologist, physician, or dentist about the child
Speaking to a school’s officials regarding the welfare and education status of the child, with the inclusion of school activities
Consent to dental, surgical, and medical treatment during an emergency involving dangers to both the health and safety of the child

Joint Managing Conservatorship

In a Joint Managing Conservatorship (JMC), both parties share the duties and the rights of a parent. Even in this situation, one parent is awarded the exclusive right to make certain decisions. In the case that both parties are named conservators, the courts will specify the responsibilities of each parent separately and jointly.

Legal assistance for family law and estate planning

Sole Managing Conservatorship

An SMC, or Sole Managing Conservatorship, means that a single parent has the right to make certain decisions regarding the child. Additionally, an SMC gives the designated parent rights, such as:

Making a decision on the primary residence of the child
Ability to consent to medical and dental treatment
Consenting to a psychiatric and psychological treatment
Legal right to attend school activities
Right to receive child support
Ability to make decisions concerning the child’s education

Keep in mind that this is simply an overview of child custody laws in Texas. If you want to learn more about our child custody law services, contact us by calling (214) 546-5746. We look forward to hearing from you and helping you in your child custody case.

A Tarrant County Child Custody Lawyer is important. It is important to have an attorney that is well-versed in the local laws. It is important to have an attorney that is capable of doing what needs to be done to make the process smooth.

Child Custody Attorney in Tarrant County

February 25, 2021February 25, 2021Leave a comment

What is JMC or Joint Managing Conservatorship in Texas?

Joint Managing Conservatorship (JMC)
Sole Managing Conservatorship (SMC)

Rights Included in a Conservatorship

Child Custody Laws in Texas

For the most part, a conservatorship includes the following rights:

Getting information from the other parent about the child’s health, education, and welfare of the child
Obtaining access to psychological, dental, medical, and education records of the child
Ability to speak to a psychologist, physician, or dentist about the child
Speaking to a school’s officials regarding the welfare and education status of the child, with the inclusion of school activities
Consent to dental, surgical, and medical treatment during an emergency involving dangers to both the health and safety of the child

Joint Managing Conservatorship

Legal assistance for family law and estate planning

Sole Managing Conservatorship

An SMC, or Sole Managing Conservatorship, means that a single parent has the right to make certain decisions regarding the child. Additionally, an SMC gives the designated parent rights, such as:

Making a decision on the primary residence of the child
Ability to consent to medical and dental treatment
Consenting to a psychiatric and psychological treatment
Legal right to attend school activities
Right to receive child support
Ability to make decisions concerning the child’s education

Power Outages, Custody and Texas Family Law

February 22, 2021Leave a comment

Many parents are suffering through some of the hardest times right now with Winter Storm Uri. It is not easy to balance work, a pandemic, and a weather crisis with attempting to be the best parent possible. Below will be some tips about how to handle this crisis and how it plays into Texas Family Law. Let The Fetty Firm help you through this troubling time.

Be Proactive

First, it is possible to add language into a decree that allows for make up time or disaster plans. The Standard Possession Order generally plays off the the holidays and school days. In your Final Divorce Decree you may want to put in variations for what happens if either parent loses power, loses water, or is unable to travel due to weather conditions.

Communicate

Most of you are reading this or searching about this because you did not have it in your decree. That’s okay. Want to know the best thing that you can do for your children? Communicate. You should have open, amicable discussions about custody and what should be done for the best interest of the children during this time.

Do not hide any conditions that may pose a possible harm to your child’s life. Be upfront. Remember the point is to protect your child.

Miss time? Need an Attorney?

If communication or amicable discussions are not working, you can seek an attorney during this time to possibly make up missed parenting time as a result of bad weather. Seek out The Fetty Firm with what can be done to help you.

If you’re working on a decree or agreement or your parenting time / custody has been impacted contact Tarrant Custody Law Firm : The Fetty Firm.