Determining who gets custody of a child after divorce is a complex matter that must be resolved. Child custody laws in Texas can help guardians and parents prepare themselves for court matters and the legal decisions that come with it.
Having an experienced lawyer look at the case will certainly clear up any confusion and allow both parties to move forward at a faster pace. Here are a few things parents need to know when it comes to legal requirements.
What is a Conservatorship?
Conservatorship is a term for child custody in Texas. Both parents are normally appointed ‘joint managing conservators’, which means they have equal rights in making decisions. You may know this by the more common phrase ‘joint legal custody’
There are times when a conservatorship is only given to one parent, and they’re appointed as the ‘sole managing conservator’ in the event that the other parent is alleged of absence, neglect or child abuse, alcohol and/or substance abuse, and domestic violence. It’s worth noting that they will still have parental rights but won’t have a greater impact when it comes to making decisions.
Once a primary managing conservator has been assigned, the child will stay at the primary residence, and the other parent will be given visitation rights.
Texas Child Custody Laws for Parenting and Visitation
Under Texas law, the relationship between each parent to their child is called a ‘parent-child relationship’. Each parent will have to submit a parenting plan in line with the child custody case, and if there isn’t one then the court will set up a visitation schedule and custody arrangement.
The family court judge will determine a custody agreement for both parties in line with several factors, like the following:
- Each parent’s work and travel hours, employment, and financial status.
- The parents’ submitted plans to take care of the child
- Parental abilities, or how fit or capable they are in providing a nurturing and stable environment
- Evidence of violence in the family or directed to the other parent or child. If the judge finds evidence of this, then a joint managing conservatorship may not be granted.
- Decision-making and quality communication between parents
Under the state’s law, a child who’s 12 years or above will have their wishes considered in court. The judge will consider it if they can provide reasons for a particular arrangement.
Hire a Texas Child Custody Attorney Today
Legal matters, such as child custody laws, is not an easy thing to digest or understand. However, a child custody lawyer in Texas can bridge the gap and make it easier for parents to deal with legal issues. The post shown above is not comprehensive, but it should serve as information to point you in the right direction.
At Allen Roach, you can be sure that all your legal options will be explored so you have a higher chance of getting a satisfactory outcome. An experienced child custody attorney in Texas can explain the next steps and help you with your and your child’s legal rights in court.