Child custody is one of the most crucial areas of law as it decides how much influence you’ll have in your child’s life. However, regardless of the parents’ situation during a relationship breakdown, as long as parents have parental responsibility, they should not be denied involvement over their child’s upbringing.
When parents separate or divorce, one of the most important decisions involves determining child custody arrangements. Custody defines both where a child will live and how major decisions regarding their upbringing will be made. Courts prioritize the best interests of the child when granting custody, ensuring they have a stable and supportive environment. This process can be a very challenging and a scary process, that is why we have take out time to outline the four types of custody, which will hopefully help you and your partner reach an agreement before the judge takes matters out of your hands.
What is Child Custody?
In Texas, child custody is referred to as “conservatorship,” and the court prioritizes the child’s best interests when making decisions, with parents typically being named joint managing conservators, sharing decision-making responsibilities. Conservatorship encompasses both legal and physical aspects of a child’s upbringing.
Types of Child Custody in Texas
The three most common types of Child Custody (conservatorship) in Texas are:
1. Joint Managing Conservatorships – A joint managing conservatorship is one in which parents essentially share custody of a child. It is the most commonly awarded and recommended conservatorship in Texas. It means both parents have the right to make decisions about such matters as a child’s moral and religious upbringing, medical care, etc. It also means both parents share duties regarding providing for and protecting a child. The law also states that both parents have the right to information regarding their children.
Joint managing conservatorship emphasizes the importance of both parents actively participating in their child’s life.
2. Managing Conservatorships – A sole managing conservatorship is the Texas version of sole legal custody. This arrangement allows one parent to primarily raise a child and is allowed to make all the decisions about their life. Often, sole custody is in the best interest of the child if the other parent has a history of family violence, abuse, substance abuse issues, if their household is an unsafe environment for the child’s health (either physically or mentally), or if there are other complications involved.
Under Texas law, a sole custody agreement does not necessarily mean that the second parent will never be able to see their children. It is possible to establish visitation rights, which may take place in the house of the primary parent, a visitation center, or in some other pre-agreed manner. Similar to a parenting plan, these can be agreed upon between the parents (with or without the help of a lawyer) or detailed in the possession order issued by the court.
3. Possessory Conservatorships – A possessory conservator in Texas is essentially a parent with visitation rights. They can spend time with a child, but don’t have the same rights as a custodial parent. Court orders can more specifically define the rights of parents on a case-by-case basis. For example, even with a joint managing conservatorship arrangement, the court may grant one parent the right to decide where a child will live most of the time. The court’s goal is to ensure that a final custody arrangement is in a child’s best interests.
When determining visitation schedules for the possessory conservator(s), Texas family courts often follow a Standard Possession Order. This schedule outlines when the non-custodial parent will have the child during weekdays, weekends, holidays, and special occasions. The goal is to provide a consistent and predictable routine that serves the child’s best interests while accommodating both parents’ schedules.
Contact our Law Office of Udo Ezeamama Today
Navigating the complexities of child custody in Texas requires a nuanced understanding of the available arrangements. Each case is unique, and family courts in Texas aim to tailor custody arrangements to meet the specific needs and dynamics of the families involved. At the Law Office of Udo Ezeamama, we are dedicated to assisting families reach a child custody determination that is in the best interest of the child. Whether it’s sole managing conservatorship, joint managing conservatorship, possessory conservatorship, or a specific visitation schedule, call our office or contact us for a free consultation.