Child Custody
Basics
Courts in Texas use the "best interest of the child" standard to determine who will have custody of the child. This standard is used whether a couple was married or not.
Texas courts use the word "conservator" when discussing what is traditionally know as custody. The term "possession" is used when one thinks of "visitation." The presumption in Texas is both parents should be named Joint Managing Conservators and share in the decision making. This presumption can be overcome with compelling evidence, like whether there has been a history of family violence.
Conservatorship can be granted by cases that involve divorce, a suit affecting the parent-child relationship (SAPCR), paternity, or family violence protective orders.
Best Interest of the Child
This standard requires a judge to consider the child’s best interest when making decisions about custody, visitation, and child support. The child’s best interest is considered in cases involving divorce, modification of existing custody agreements, termination of parental rights, and CPS issues.
Under the best interest standard, courts can consider any relevant facts in determining what is in the child’s best interest. While not exclusive as court can also look at other factors, the Texas Supreme Court provided the following factors in considering a child's best interest: (1) the desires of the child, (2) the emotional and physical needs of the child now and in the future, (3) the emotional and physical danger to the child now and in the future, (4) the parental abilities of the person seeking custody, (5) the programs available to assist the parties to promote the best interest of the child, (6) the plans for the child made by the person seeking custody or the agency, (7) the stability of the home or proposed placement, (8) the acts or omissions of the parent that indicate that the existing parent-child relationship is not a proper one, and (9) any excuse for the parent’s acts or omissions.
As with any legal situation, facts matter, so it is important to discuss anything you feel may be relevant with our attorney's.
Conservator - Joint, Sole, or Possessory
Joint Conservator
Possessory Conservator
Joint Conservator
A Joint Managing Conservatorship is where the parents share in the decision making. This does not mean they get equal time with the child as that is part of the possession order. Rights of a Joint Managing Conservator are listed in the Texas Family Code section 153.073 and include the right to be informed about matters pertaining to the child.
Sole Conservator
Possessory Conservator
Joint Conservator
A Sole Managing Conservatorship is where one parent has the exclusive right to make most decisions for the child. While this is not the standard, courts may award one parent Sole Managing Conservatorship if there is family violence, abuse, neglect, or a situation where the other parent is absent. Rights a parent sole managing conservator
A Sole Managing Conservatorship is where one parent has the exclusive right to make most decisions for the child. While this is not the standard, courts may award one parent Sole Managing Conservatorship if there is family violence, abuse, neglect, or a situation where the other parent is absent. Rights a parent sole managing conservator has are documented in Texas Family Code section 153.132 and include the exclusive right to designate the child primary residence.
Possessory Conservator
Possessory Conservator
Possessory Conservator
A Possessory Conservatorship does not have the rights of a Managing Conservator and will most likely not have the final say in decisions made about the child. While a Possessory Conservator still has some of the rights of a parent, those rights are limited to ones that affect the decisions being made while the child is in the possessory c
A Possessory Conservatorship does not have the rights of a Managing Conservator and will most likely not have the final say in decisions made about the child. While a Possessory Conservator still has some of the rights of a parent, those rights are limited to ones that affect the decisions being made while the child is in the possessory conservator's possession. In determining what a parents conservator role will be, courts must consider if there has been a history of family violence. These rights are detailed in Texas Family Code section 153.074.