Child conservatorship, often called custody, involves determining which parent has the legal rights and responsibilities for raising their child. In Texas, conservatorship is guided by the “best interest of the child” standard, ensuring that each decision serves the child’s well-being. Courts may assign joint managing conservatorship, where both parents share responsibilities, or sole managing conservatorship, where one parent has full decision-making authority.
The shift toward shared physical custody has been on the rise across the United States. From 1985 to 2014, the proportion of shared custody cases increased from 13% to 34%, reflecting the growing recognition that children benefit from having both parents involved in their lives. If you are facing a child conservatorship matter in Round Rock, Texas, it’s essential to understand the legal process and work with a trusted attorney.
At the Law Office of Jason Wright, we understand that child conservatorship cases can be emotional and challenging. Attorney Jason Wright and his legal team are committed to providing clear, honest, and reliable legal advice, ensuring you understand every step of the process. His reputation for loyalty and dedication means you will have an advocate focused on finding the best solution for you and your family.
Texas law offers two main types of conservatorship: joint managing conservatorship (JMC) and sole managing conservatorship (SMC).
In joint managing conservatorship, both parents share decision-making responsibilities regarding their child. Courts in Texas generally prefer joint conservatorship when both parents can fulfill their duties. This arrangement allows both parents to have a say in major decisions such as education, medical care, and religious upbringing. However, JMC does not necessarily mean equal physical custody; one parent may still be designated as the primary caregiver, while the other maintains significant involvement in major decisions.
Research consistently shows that children raised in shared custody arrangements often experience better emotional, behavioral, and academic outcomes than children raised in sole custody arrangements. This trend is evident in Texas and nationwide, where courts increasingly recognize the importance of both parents being involved in their child’s life. The percentage of shared custody cases has more than doubled since the 1980s, reflecting this positive shift toward co-parenting.
Sole managing conservatorship is granted when it is in the child’s best interest for one parent to have full decision-making authority. This arrangement is typically used when one parent has been deemed unfit due to factors such as abuse, neglect, or substance abuse. In these cases, the court will ensure the child is placed in a stable, safe environment.
Sole conservatorship may also be considered if one parent has been largely absent from the child’s life or if shared decision-making is not practical due to extreme conflicts between parents, which could jeopardize the child’s well-being. This ensures that the child remains in a supportive environment with minimal disruption.
Both joint and sole managing conservatorship are vital in ensuring children are raised in environments that promote their well-being and stability. Understanding these options and how they apply to your situation is essential, and working with an experienced attorney can help you secure a conservatorship arrangement that best serves your child’s needs while protecting your parental rights.
Texas courts consider several factors when deciding on child conservatorship arrangements, always prioritizing the best interests of the child.
A strong relationship between the parent and child, along with the ability to provide a stable home, are essential factors in the court’s decision. The court assesses each parent’s involvement in daily activities, caregiving responsibilities, and overall contribution to the child’s well-being. Emotional and financial stability are significant components, as a child’s development is closely tied to a safe, predictable environment.
If the child is 12 years or older, the court may consider their preferences when making conservatorship decisions. However, the child’s input is not the sole determining factor and is weighed against other considerations, such as parental stability and the child’s overall well-being. Courts are careful to balance a child’s wishes with what is ultimately in their best interest.
Any history of domestic violence, child abuse, or neglect is taken very seriously by the court. In such cases, the court may limit the offending parent’s rights or deny conservatorship altogether to protect the child. This is a crucial factor, as the child’s safety is the court’s highest priority, and Texas law mandates that conservatorship decisions prioritize environments free of harm.
A parent’s ability to provide financially for the child is also considered during conservatorship proceedings. According to a Texas study, financial insecurity is a significant challenge for many parents, with limited employment opportunities, housing instability, and difficulties with child support impacting conservatorship decisions. Courts will assess each parent’s financial ability to meet the child’s needs, such as providing food, shelter, and healthcare, all essential for a child’s well-being.
These considerations guide Texas courts in crafting a conservatorship arrangement that best supports the child’s growth and development. With over 276,930 family law cases in Texas courts annually, understanding these factors and working with an experienced attorney can significantly influence the outcome of a conservatorship case.
Once a conservatorship order is in place, circumstances may arise requiring modification. Whether due to relocation, changes in employment, or the child’s evolving needs, modifications can ensure that the custody arrangement continues to serve the child’s best interests. Texas law allows for modifications when a significant change in circumstances occurs, but the requesting parent must demonstrate that the modification will benefit the child.
In Round Rock and the surrounding areas, family dynamics are continually shifting, with many parents needing to revisit existing conservatorship agreements. For instance, Round Rock’s growing population and booming tech industry often lead to job relocations, requiring parents to adjust visitation and custodial time. Additionally, school district boundaries or access to specific educational resources may prompt modifications to meet a child’s academic needs better. According to Texas court records, there were over 22,218 active custody modification cases in the last reporting year, many arising from fast-growing areas like Round Rock, where family structures change frequently due to employment opportunities and relocations.
Some common reasons for modification include the following:
Given the rising number of modifications in Round Rock, working with an experienced attorney is crucial to ensuring your request is well-supported, legally sound, and likely to succeed.
Child conservatorship cases often present significant challenges for parents. It’s not uncommon for disagreements to arise over parenting styles, financial obligations, and other aspects of raising a child.
Some typical challenges many parents face during conservatorship cases include:
By working closely with an attorney, parents can address these challenges and work toward a conservatorship arrangement that safeguards their child’s best interests.
National trends indicate a significant rise in shared physical custody arrangements, with the percentage of divorces involving shared custody increasing steadily over the years. Before 1985, only 13% of divorces resulted in shared physical custody, but by 2014, that figure had risen to 34%. This shift reflects growing awareness of the importance of parents being actively involved in their child’s life. Research shows that children in shared custody typically exhibit better emotional adjustment and more excellent stability than those raised in sole custody environments.
In Texas, while the courts continue to prioritize the child’s best interests, the trend towards shared custody has become increasingly common, mirroring the national shift. Given this rise, it’s more important than ever to have a knowledgeable attorney who can guide you through the legal process and ensure your parental rights are fully protected. An experienced attorney can help you secure a fair outcome reflecting these evolving trends, ensuring your child’s emotional and physical well-being remains at the forefront of the case.
If you are going through a divorce in Round Rick, it is essential that you familiarize yourself with the state’s child conservatorship laws. At the Law Office of Jason Wright, we have a dedicated team of Round Rock divorce lawyers who have dedicated their careers to helping parents maintain relationships with their children through the difficulty of divorce. To learn more and to schedule a no-obligation consultation today, call the Law Office of Jason Wright at 512-884-1221 to schedule a no-obligation consultation. You can also connect with us through our secure online contact form.
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