Child custody issues affect both parents and children – both now and in the future. Juggling a child’s needs with parents’ schedules, plans, and desire to maintain a relationship with their young one is a complex and often tense process.
The Texas Family Code uses the terms “conservatorship” and “possession” to describe key issues related to child custody. No matter which words are used, however, one thing remains the same: Your family’s custody agreement needs to support the best interests of your child or children.
Making a custody agreement when parents disagree or feel strongly about key elements can be tough. Creating a custody agreement that conforms with Texas law can be even tougher. When your custody agreement is done right the first time, it saves everyone money, stress, and effort as your child grows.
To learn more about creating a child custody agreement in Cedar Park, talk to the team at The Law Office of Jason Wright, PLLC today.
The Texas Family Code contains rules for conservatorship – also known as “custody” – because the state recognizes that children need safe environments and trustworthy relationships to grow. Texas courts seek to create conservatorship and possession arrangements that:
Recognizing that no two families are the same, the Texas legislature did not set out rigid rules for conservatorship or possession in the Texas Family Code. Rather, the law contains guidelines like these to help parties work out details within an overall framework of care for the child.
Another common concern in child custody cases is “the best interest of the child.” To determine what is in each child’s best interest, a court may consider factors like:
In some custody cases, courts will even consider the opinion or preference of the child. Courts are more likely to ask children for their input when a child is old enough to express a thoughtful opinion.
Texas law recognizes two main types of conservatorship: joint managing conservatorship and sole managing conservatorship.
In a joint managing conservatorship, both parents share the legal rights and responsibilities to make major decisions for the child. Parents work together to answer questions like “Where will our child go to school?”, “How will our child receive needed medical care?”, “What sort of religious upbringing will our child have?”, and similar essential issues.
A joint managing conservatorship gives both parents the ability to participate in making decisions. It does not automatically guarantee that both parents will spend equal time with the child or that the child will spend equal time living with each parent. Those questions fall under the heading of “possession” in Texas law.
Possession refers to which parent actually has the child at any given time. Other states use terms like “physical custody,” “visitation,” “parenting time,” or “access” to describe the same set of arrangements.
In a sole managing conservatorship, one parent has the exclusive right and responsibility to make major decisions for the child. These include the right to decide where the child will live, to consent to medical treatment for the child, to make decisions about the child’s education, and to receive child support from the other parent on behalf of the child.
In some cases, however, a joint managing conservatorship is not possible (as when one parent is regularly absent) or is not safe (as when one parent has abused the child or the other parent). In these cases, the court may find that a sole managing conservatorship is in the child’s best interests.
Child custody and child support are two separate but related questions. Custody, or conservatorship and possession, focuses on who makes decisions for the child and who is responsible for the child from day to day. Child support focuses on how the parents share responsibility for paying for the child’s basic needs, like shelter, food, clothing, medical care, and education expenses.
Even when parents have joint managing conservatorship, one parent may still pay child support to the other parent. Texas law contains a method to calculate child support and decide which parent will pay child support. This method considers factors like ability to pay, but it does not consider whether the parents are married or the sex of either parent.
When one parent has a sole managing conservatorship, Texas courts may also require the other parent to pay child support. The parent who has sole managing conservatorship is responsible for receiving child support payments on behalf of the child.
Many child custody arrangements are made as part of divorce proceedings. In Texas, spouses who file for divorce must state in their petition whether they have any children under eighteen. Texas law also presumes that two people who are married when a child is born are the child’s legal parents.
For many children in Cedar Park and throughout Texas, however, divorce isn’t the reason their parents seek child custody arrangements. Their parents may never have married, yet may need a clear custody and support agreement.
Unmarried parents have the same duties toward their children as parents who are married to one another in Texas. Certain legal issues, such as paternity, are more common in custody cases involving unmarried parents, however. For example, a father may seek court acknowledgment that he is the father of a child, or a court may order genetic testing to determine if one party is indeed a child’s biological father.
A child custody order is a court order. It is a legal judgment that both parents are required to follow. If either party disobeys the order, they may be held in contempt of court – with steep penalties in some cases.
Yet children grow and lives change. A child custody order that worked when created may no longer fit your family’s needs in five or ten years.
Texas law allows either parent to file for a modification of a child custody order. Parents may not change the terms of their order on their own, but they may request that a court make a needed change. Parents can work together to agree on new terms, but only a court can enact those terms into a new custody order.
A Texas court will modify a conservatorship order only if it finds a “substantial and material change” in circumstances. For example, a court may agree to modify an order if:
In all cases, any change must be in the child’s best interests. The court will likely seek evidence and an explanation for a modification, especially one that involves a parent voluntarily giving up a right (such as the right to decide where the child will live or the right to equal parenting time with the child).
Modifying a child custody order is possible, but it can be expensive and stressful. When you work with an experienced Cedar Park child custody attorney, you gain an ally who can help you create a child custody order that is both clear and flexible enough to work for you and your child.
Child conservatorship and possession issues can get complex. The law often contains guidelines rather than bright-line rules. Emotions run high. Even when two parents agree that they want what is best for their child, they may strongly disagree on what “best” looks like or how to get it.
A dedicated family law attorney can help you protect your parental rights and your relationship with your child. Your lawyer can help clarify key issues, negotiate an effective child custody arrangement, and make your case before a court if needed. To learn more, contact The Law Office of Jason Wright, PLLC, today to schedule a confidential consultation.
“Jason is very professional and friendly. He patiently explained everything as many times as I needed and made the law easier to understand. Gave great advice and listened to all of my suggestions walking me through if they would work or not.”
Jami L
To get in touch with us, give us a call at 512-884-1221 or submit the form below. We are committed to zealously working to find the solution that is best for you and your family.
