Custody in Texas
Under Texas Family Code Chapter 153, custody is now referred to as “conservatorship.” This law lays out the public policy regarding this issue which includes the following:
- Children have the right to frequent and continuing contact with parents who have shown the ability to act in their best interests and who can provide a safe, stable, and nonviolent home
- Parents are encouraged to share in the rights and duties of child-rearing after separation or divorce
Conservatorship is broken down into 1. Sole managing conservatorship 2. Joint managing conservatorship and 3. Possessory conservatorship. Managing conservatorship includes the right to make decisions about where the child will mainly live, the child’s health, education, and other major aspects of the child’s life. When this is awarded on a sole basis, this parent generally receives child support from the other parent.
When granted jointly, both parents will share these rights and responsibilities. However, one parent may be designated as the primary conservator who retains the right to determine where the child mainly lives. Even when sharing access to the child, joint conservatorship does not necessarily mean that time-sharing with the child will be equal.
Possessory conservatorship generally applies in cases where one parent has been given sole managing conservatorship. The other parent is given this “possessory” designation; possessory refers to visitation rights.
In Texas, child visitation schedules are called “standard possession orders.” These outline a parent’s right to child access. These schedules can be created by parents or, where they cannot agree, will be imposed by the court according to what the judge feels is appropriate. Visitation schedules include dates and times the child will spend between the two households.
It is important to remember that courts favor joint custody which involves maintaining a relationship with your child. At Connatser Family Law, we understand Texas family law and how courts operate on this matter. Only in cases where a child’s safety is at risk with a parent, such as in cases involving domestic violence, substance abuse, or child abuse or neglect, does the court remove parental rights.
Our firm is here to ensure that your parental rights are upheld and custody arrangements are made on a fair and just basis. With the advanced knowledge, skills, and experience of our team’s Texas Family Law Specialists on your side, you can have confidence that your case will be handled with the utmost diligence and care.
Our job is to solve problems. That may involve going to court, reaching a settlement, or taking a more patient approach. All of these strategies can resolve a dispute on terms favorable to the client.