Resolving Complex Texas Custody And Conservatorship Issues
When a couple who has children is getting divorced or separated, the issues that arise surrounding custody can be among the most stressful and contentious. However, it is important to clarify parental rights and responsibilities early on and legal counsel is important. A child custody lawyer who has experience with conservatorship arrangements in Texas can advocate for you and your child’s best interests.
At Teller Law Firm, P.C., in the Dallas-Fort Worth area, our lawyers have both personal and professional experience with child custody matters. If you need legal guidance regarding custody, conservatorship rights, and establishing access and a parenting plan in Texas, we can help.
How Does Texas Determine Child Custody?
In Texas, the term “custody” is referred to as “conservatorship,” and “visitation” is called “access.” When a judge makes decisions about conservatorship and access, the main focus is always on what is in the best interest of the child. This means the judge will consider many factors to ensure the child’s safety, well-being and overall best interests are met. As difficult as a divorce and separation might be, if both parents can keep the best interests of their child in mind throughout the process and the transition, your child will have a smoother transition and know that both parents want what is best for their well-being.
What Are The Different Kinds Of Custody In Texas?
When it comes to child custody, Texas recognizes two main types of conservatorship:
- Joint managing conservatorship (JMC): This is the most common arrangement, where both parents share decision-making rights and responsibilities for the child. However, JMC doesn’t necessarily mean equal time with the child.
- Sole managing conservatorship (SMC): In this case, one parent has the exclusive right to make major decisions for the child. This is less common and typically occurs when one parent is deemed unfit or unable to co-parent effectively.
Within these types, there are various possible arrangements for physical custody (where the child lives) and legal custody (who makes important decisions for the child). As experienced divorce lawyers, we can help you understand the different types of conservatorships and what arrangements might work best for your situation. If you and your child’s parent can work together, the mediation process can help you reach agreements regarding the conservatorship and access for your child and establish a parenting plan that works best for your family.
What Factors Does The Court Consider When Deciding Conservatorship Rights?
When a court decides conservatorship rights, many factors are taken into consideration. Some key factors the court considers include:
- The child’s wishes: If a child is mature enough, the court may listen to their preference about which parent they want to live with.
- The parents’ wishes: The court will consider what each parent wants and how they plan to care for the child.
- The child’s emotional and physical needs: The court wants to make sure that the child’s needs are met by the parents.
- Each parent’s ability to provide for the child’s emotional and physical needs: The court wants to make sure that the parents have the capacity to meet their child’s needs.
- Parenting abilities: The court evaluates each parent’s ability to provide a stable and safe environment.
- Any history of domestic violence or abuse: The court prioritizes the child’s safety and will consider any history of violence or abuse by either parent.
During the process of a divorce or separation, everything a parent does is considered carefully. It is imperative that a parent not take rash or regrettable actions. Anything that you do or say may be used as arguments against custody of children. Things said in anger or emotion can still be used against a parent in court.
Consult A Grapevine Custody Lawyer Regarding Your Conservatorship Arrangement
As your legal representation in your divorce, you can count on us to help you prepare for child custody negotiations. We will also advocate for your needs during a time that we know can often be emotional and sensitive.
To schedule a consultation with a Grapevine child custody lawyer, contact Teller Law Firm, P.C., by sending us a message or by phone at 817-612-4298.