Written in Partnership with Amir Bakian
In the complex web of child custody cases across the country, the legal system is built on the premise that the best interests of the child are paramount. This fundamental principle forms the basis of custody laws, which vary greatly from state to state. In the “Lone Star State”, custody is referred to as “conservatorship” and includes both legal decisions (conservatorship) as well as physical custody measures (possessions and access).
Texas law differentiates child custody into these two aforementioned. Conservatorship is the rights and responsibilities of the parents, including decisions about education, health care, and mental health. On the other hand, possession and access determine when the parents have physical custody of the child or visitation rights. There are two statutory schedules provided by the state: standard and extended standard. These schedules dictate how much time each parent will spend with the child. There is room for flexibility, either by mutual agreement or by court-ordered changes based on the child’s best interests.
Navigating child custody in Texas for same-sex couples is a complex process. The approach depends on many factors. Sometimes involving adoption issues, other times the situation will be similar to cases in which the parents are not of the same-sex. Although progress has been made in recognizing the rights of LGBTQ+ individuals, same-sex parent-child custody disputes can have additional difficulties; however, The Hicks Law Firm works diligently to ensure equal treatment and protection for all involved.
John Hicks, founder of The Hicks Law Firm, addresses the multifaceted issues surrounding child custody in Texas. Mr. Hicks emphasizes the importance of understanding the intricacies of Texas custody laws to navigate the legal process effectively and protect the rights and best interests of the child. The firm, under his leadership, stands as a guiding force in helping families tackle the complexities of custody battles with insight and expertise.
Custody battles, which are integral components of divorce cases, introduce further complexities. Financial considerations become a focal point, with child support emerging as a potential source of tension. Couples may contest child support, sometimes driven by misconceptions about its purpose or frustration over financial strains. Even in cases where the couple does not have to divorce, child support is still a factor that can lead to tension and disagreement.
Money is a common issue in custody disputes, as parents may argue that they do not wish to provide child support due to a lack of time spent with their children, or because they do not want to pay. Sometimes the parent may not wish to give child support to the other party, as they may use the money for other purposes, and the parent providing child support feels that the money should be allocated to the needs of their children. Ultimately, this can lead to frustration and financial hardship for the parents. The Hicks Law Firm acknowledges the nuances of these disputes, aiming to guide clients through the intricacies of financial responsibilities without compromising the child’s welfare. Mr. Hicks believes that it’s more about figuring out what’s best for the child.
Addressing these issues, Mr. Hicks emphasizes a commitment to the best interest of the child, aligning with the State standard in Texas. Contrary to firms specializing in a gender-specific approach, The Hicks Law Firm advocates for both mothers and fathers, empowering all parties involved. John Hicks states, “The best-case scenario is that the two parents act like the adults in the room and actually make it work for the children.” This underscores the firm’s dedication to fostering cooperation for the benefit of the children caught in the crossfire.
Hicks draws on his personal experience of divorce and child support, spanning 14 years, to inform his approach to handling such cases. His journey through financial burdens and emotional challenges enriches the firm’s perspective, allowing for a more empathetic and nuanced understanding of the struggles faced by parents in custody battles.
As John Hicks nears the end of his paramedic and firefighting career, his last day in the fire department is set to end at the end of March 2024. He’s decided to expand The Hicks Law Firm, in order to serve more families that are struggling with child custody issues.
Advertising disclosure: We may receive compensation for some of the links in our stories. Thank you for supporting LA Weekly and our advertisers.