Leander, Texas, is a growing city. The US Census Bureau estimates that Leander’s population increased by 13.1 percent between April 2020 and July 2021. Nearly one in three residents of Leander are children under age 18ーand every one of these children needs and deserves to be raised by parents, family members, or guardians with their best interests in mind.
Whether you’re considering divorce or were never married to your child’s other parent, you may have questions about child custody arrangements. A custody agreement and parenting plan can create the clear, consistent ground rules children need to feel safe. It can also reduce arguments between the parents so that decisions are made in the child’s best interests.
If you have questions about Texas child custody rules, talk to an experienced Leander child custody attorney today.
Texas child custody laws do not impose a “one size fits all” plan on every family. Rather, state law requires the court to consider arrangements that are in the best interests of the child.
Texas’s child custody laws aim to:
Recognizing that there are many different dynamics within families, the Texas legislature enacted child custody laws that provide flexibility in creating custody agreements. For instance, state law does not require parents to commit to a particular schedule with their children. Parents can work together with other experienced parties, like child custody lawyers, to create schedules and other plans that support the child’s best interests.
When creating custody arrangements, parents may also need to discuss child support. The amount of child support paid is determined by a formula provided in state law. A court may order a parent to provide child support in the form of medical or dental insurance coverage for the child, in the form of cash payments, or both. Other types of payments on the child’s behalf, such as school tuition payments, may also be considered child support.
Texas courts do not typically use terms like “child custody” or “visitation” to discuss custody issues. Rather, they use terms like “conservatorship” and “possession” of the child. Although the words are different, the underlying concepts are the same.
A “conservatorship arrangement” focuses on which parent has the power to make major life decisions for the child. A parent with conservatorship typically may:
Texas courts recognize two main types of conservatorships.
In a joint managing conservatorship, both parents share responsibility for making major decisions for the child. Parents may share these responsibilities equally, or they may designate one parent to make certain types of decisions. For instance, the parents may decide they will work together to choose where the child will go to school, but only one parent will make the child’s medical decisions.
Texas courts consider the following factors in a joint managing conservatorship:
Texas law presumes that a joint managing conservatorship is in a child’s best interests. However, the law also recognizes that in some cases, a joint managing conservatorship is not possible or not safe for the child.
In a sole managing conservatorship, one parent has all the responsibility for making major decisions for the child. The parent who has sole managing conservatorship will decide where the child will live, how they will receive their education, and which medical treatment the child will receive. The other parent is not involved in any of these decisions and does not need to be consulted.
Sole managing conservatorships are most common when one parent is unavailable, or it is not in the child’s best interests to have contact with that parent. For instance, evidence that one parent has abused the child may weigh in favor of giving sole managing conservatorship to the other parent.
Possession focuses on when and how the child spends time in the presence of each parent. Possession covers topics like “physical custody,” where the child lives, and “visitation,” or when the child spends time with the parent they don’t live with.
Possession and conservatorship are two separate issues. For example, parents may have joint managing conservatorship, but the child may live entirely with one parent. Being joint managing conservators doesn’t mean each parent automatically has equal physical possession, visitation time, or access to the child.
Texas courts will typically accept any possession arrangement that is in the child’s best interests. If the parents cannot agree on a possession schedule or plan, the court will impose one – and the parents must follow it no matter how inconvenient it is to them.
Child custody can be contentious. You want what is best for your child, but you may also have to work with the child’s other parent – someone you may have trouble working with or taking seriously, especially if you are separating or divorcing.
When considering custody arrangements for your child, it may help to ask the following questions:
Every parent has questions about custody that are specific to their situation. When these questions arise, talk to an experienced Leander child custody lawyer.
No two child custody cases are the same. While you may seek advice from friends or family during this time, remember that what happened in anyone else’s child custody case will not be the same thing that happens in yours. Your child custody arrangements will reflect the unique needs of your children and the parenting relationship between you and the child’s other parent. For answers to your specific questions, it’s essential to ask an attorney directly.
Child custody can be complex. An experienced family law attorney can help you protect your parental rights and your relationship with your child. Your attorney can help you get these questions right the first time so you can focus on your children. Contact The Law Office of Jason Wright, PLLC, today to learn more. Call us at 512-884-1221 to schedule a confidential consultation with a Leander child custody attorney.
