If you are going through a divorce, one of the biggest decisions you will need to make is who has custody of the children. While this decision can be difficult, it is important to understand the Texas child custody laws before making a decision. There are a variety of factors that will be considered when determining child custody in Texas, and each situation is unique. A family law attorney can help you understand how the law applies to your situation and advise you on what steps to take next.
Child Custody Terms You Should Know In Texas
To navigate custody issues, it’s important to understand the terms that Texas courts use surrounding custody matters.
The primary conservator is the parent who has the right to determine the primary residence of the child. The primary conservator also has the right to receive child support.
The managing conservator is the parent who has the right to consent to the child’s medical and dental treatment, as well as their mental health treatment. The managing conservator can also make other major decisions for the child, such as what school they will attend. Texas courts prefer to appoint both parents as joint managing conservators if possible.
The possessing conservator is the parent who pays child support. They usually have the right to spend time with the child according to the court-approved visitation schedule.
When one parent is given exclusive rights over a child, it is referred to as sole custody. The other parent may still be given visitation rights under certain conditions, but will not be able to make crucial decisions in the child’s life such as medical care, schooling, or religion. The parent with sole custody is the managing conservator.
In Texas, joint custody is also referred to as shared parenting. It is an arrangement whereby both parents are awarded equal rights regarding the upbringing of their child, even if the child spends more time residing with one parent than the other. Both parents are managing conservators.
When Does a Texas Court Award Sole Custody?
Child custody battles are never easy, and the laws surrounding them can be complicated. If you find yourself in the middle of a custody battle in Texas, you may be wondering what the process looks like and when a judge is likely to grant sole custody of a child.
In Texas, family law courts will typically award one of three types of custody arrangements: sole custody, joint custody, or split custody. The type of arrangement that is awarded will depend on several factors, including the child’s age, the relationship between the parents, each parent’s work schedule, and each parent’s ability to provide a stable home life.
In general, courts prefer to award joint custody whenever possible because it allows both parents to remain involved in their child’s life. However, there are circumstances under which a court may find that sole custody is in the child’s best interests. For example, if one parent has a history of violence or drug abuse, if there is evidence of parental alienation, or if one parent lives out of state, a court may rule that it is best for the child to have only one primary custodial parent.
Why Hire The Evans Family Law Group?
Family law cases are some of the most complex legal cases out there. When you are going through a divorce, child custody battle, or dealing with any other family law issue, you need an attorney who can get you the best possible outcome. You should work with us because:
- Some of our attorneys have been handling family law cases for almost 2 decades. This means they have the experience and knowledge necessary to help you with your case.
- We are always respectful and pay close attention to what our clients want. We understand that this is a difficult time for you, and we will do everything we can to make it as stress-free as possible.
- When it comes time for court, you want an attorney who is persuasive and can make a strong argument on your behalf. Our attorneys are well-spoken and knowledgeable about the law. We will be able to present your case in the best light possible and fight for what you deserve.
Contact us today to schedule your free consultation.