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.
What is the Goal of a Child Custody Plan in Texas?
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:
- Ensure children have “frequent and continuous contact” with both parents unless safety concerns or other circumstances make limiting contact in the child’s best interests,
- Place children in safe, stable, non-violent living situations, and
- Encourage each parent to share in raising their children, whether they are separated, divorced, or never married to one another.
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.
Types of Child Custody Arrangements in Texas
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.
Conservatorship
A “conservatorship arrangement” focuses on which parent has the power to make major life decisions for the child. A parent with conservatorship typically may:
- Decide where the child will live,
- Consent to medical treatment for the child, including dental treatment, surgery, and mental health treatment; and
- Choose where and how the child will be educated.
Texas courts recognize two main types of conservatorships.
Joint Managing Conservatorship
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:
- Can each parent put the child first?
- Can the parents work together to make decisions in the best interests of their child?
- Will this joint conservatorship benefit the child as they grow?
- Do the parents encourage the child to develop a positive relationship with the other parent?
- Where does each parent live?
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.
Sole Managing Conservatorship
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 the child 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
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.
Questions to Ask When Considering Custody Arrangements
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:
- If I were giving myself advice, what would I say is the best situation for my child? Step outside the situation for a moment and consider what your child needs. What options provide the best chance for your child to live a healthy, safe, fulfilling life?
- What would disrupt my child’s life the least? Often, a plan in your child’s best interests creates minimal disruption in their life. Consider options that allow your child to stay in their current home, keep going to their current school, or continue participating in their current hobbies and extracurricular activities.
- Can I look past my history with my child’s other parent? Being able to work with your child’s other parent is essential for your child. If you struggle with this, consider talking to a family counselor or other specialist who can help you work through your feelings and build skills in dealing with your child’s other parent.
- Do I need to change a conservatorship or possession order, or will I need to do so in the future? It is typically more difficult and expensive to change a custody order than it is to create a workable, flexible one the first time. Working with an attorney can help you ensure you don’t have to come back and change the plan later.
- Would a neutral third-party mediator help? A mediator specializes in helping you and your child’s other parent find common ground when talking about custody and possession issues. A mediator cannot force either of you to accept an agreement, but the mediator can help you reach an agreement you can both accept. You may also work with your child custody lawyer during a mediation. Mediation is often used when two parents cannot agree on conservatorship or possession issues on their own.
- Do I want the judge to decide for us? While a mediator cannot force you to accept a conservatorship or possession agreement, a judge can. A court can impose an agreement that both parents must follow. For most parents, this is a last resort – and one they would prefer to avoid if possible.
Every parent has questions about custody that are specific to their situation. When these questions arise, talk to an experienced Leander child custody lawyer.
Where to Turn for Help With Child Custody in Leander
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 512-883-5196 to schedule a confidential consultation with a Leander child custody attorney.