We're here to help you with your child custody matters.
Our children are the most important people in our lives. If you are currently facing a child custody battle, you should contact our experienced team at Carpenter & Associates. Whether your case is handled through litigation or can be resolved amicably through the use of mediation, you can count on the firm’s child custody lawyers to assist you.
Our child custody attorneys recognize that no two individuals are going through the same situation. Our team ensures that every client is provided with a high level of personalized attention, compassion, and respect. Additionally, our team works to come up with custom solutions, tailored to fit the unique needs and goals of each client.
At Carpenter & Associates, our family attorneys understand how emotionally draining and overwhelming child custody cases can be—especially if they involve having to go to court. Our team possesses a great deal of experience handling custody cases, and they are prepared to assist clients no matter how complicated the situation may be.
How do you get a conservatorship in Texas?
Texas uses the term ‘conservatorship’ while most states simply use ‘custody’. As a result, the parent that has custody of the child is known as the ‘conservator’. A few terms that stem from this are: Two types of conservators:
- Managing conservator
- Possessory conservator
Although both parents are given rights and duties through a sole managing conservatorship, the parent given the responsibility as sole managing conservator has exclusive rights to make most decisions about the child, such as designating a child’s primary residence, choosing where the child goes to school, and consenting to the child’s medical and surgical treatment. These decisions can be made without consulting the other parent.
The following are the common reasons why a judge might give sole managing conservatorship to one parent:
- The other parent has a history of domestic violence
- The other parent abuses or neglects the child
- The other parent has a history of alcohol or drug abuse
- The other parent is consistently absent in the child’s life
If one parent is assigned as the sole managing conservator, the other will be considered the “possessory conservator.” This parent may still have the right to child visitation; however, the rights of the possessory conservator are limited or restricted to protect the best interests of the child.
Joint Managing Conservator
In most cases, Texas courts award both parents joint managing conservatorship, which means they share decision-making on most issues, such as deciding on the child’s education, giving consent for a child’s medical care, determining the child’s religious beliefs, etc. While the courts encourage regular communication and contact with both parents, only one will be given the exclusive right to decide the child’s primary residence—with the court determining the specific geographic area.
It is imperative to understand joint managing conservatorship doesn’t always result in completely equal rights and duties owed to their child. The court has the discretion to name and limit the rights and duties of each parent.
The child will live with the custodial parent, while the noncustodial parent has the right to access and possession of the child according to the standard possession order (SPO), which sets the schedule for each parent’s time spent with the child. This is similar to visitation in other states.
Regarding joint managing conservatorship, the judge will consider the following factors, which are also aligned with the best interests of the child:
- If joint managing conservatorship will benefit the child’s physical, mental, and emotional needs and the child’s development
- If each parent can make decisions and cooperate with the other for the benefit of the child’s best interests
- If each parent can encourage the child to have a positive relationship with the other parent
- The primary residence of each parent
- The child’s own decision, if he/she is at least 12 years of age
- All other relevant factors
Types of Child Custody in Texas
Child custody can be arranged in several different ways. Both parents can have equal custody of the children post-divorce, or one parent may have majority or sole custody. Normally, the court arranges this after evaluating the parents and their relationship with their children. Also, the court will need to evaluate whether or not parents could work together in a joint custody relationship.
- Joint Custody: When both parents have some degree of custody over the children
- Sole Custody: When one parent has primary custody over the child
- Legal Custody: Designated for the parent who makes decisions education, medical care, religion, etc.
- Physical Custody: Designated for the parent that owns the residence where the child lives
The courts can award joint legal or physical custody and may require ex-spouses to split their time with the child equally or in a percentage that is most convenient.
How do I prove my child's best interest?
If the court is responsible for determining child custody in your case, then they will decide the matter in what they conclude to be the best interests of the child. In order to act in the best interests of the child, the court evaluates:
- The child’s relationship with both parents
- The parents’ willingness to allow the child to have a relationship with the other parent
- The parents’ location
- The parents’ history with alcohol, drugs or smoking
- The parents’ ability to work together
- The health, age, employment and well-being of both parents
Why mediation benefits both parties:
The courts in Texas encourage spouses to work through child custody plans together using a mediator. At the offices of Carpenter & Associates, the firm can provide you with a trustworthy and helpful mediator. In mediation, you and your spouse will sit down and calmly work out a custody plan that works best for both of you and one that helps the children. The judge normally adopts the parents’ plan unless it is not in the best interests of the child. This can help keep your children out of court and maintain a calm atmosphere in the home.
Regardless of how complicated matters may seem, the team does everything in their power to help clients reach favorable results. Clients always work directly with our child custody attorneys, and the team always strives to go above and beyond what is expected of them.
We're here to help you with your child custody matters.
Our children are the most important people in our lives. If you are currently facing a child custody battle, you should contact our experienced team at Carpenter & Associates. Whether your case is handled through litigation or can be resolved amicably through the use of mediation, you can count on the firm’s child custody lawyers to assist you.
Our child custody attorneys recognize that no two individuals are going through the same situation. Our team ensures that every client is provided with a high level of personalized attention, compassion, and respect. Additionally, our team works to come up with custom solutions, tailored to fit the unique needs and goals of each client.
At Carpenter & Associates, our family attorneys understand how emotionally draining and overwhelming child custody cases can be—especially if they involve having to go to court. Our team possesses a great deal of experience handling custody cases, and they are prepared to assist clients no matter how complicated the situation may be.
How do you get a conservatorship in Texas?
Texas uses the term ‘conservatorship’ while most states simply use ‘custody’. As a result, the parent that has custody of the child is known as the ‘conservator’. A few terms that stem from this are: Two types of conservators:
- Managing conservator
- Possessory conservator
Although both parents are given rights and duties through a sole managing conservatorship, the parent given the responsibility as sole managing conservator has exclusive rights to make most decisions about the child, such as designating a child’s primary residence, choosing where the child goes to school, and consenting to the child’s medical and surgical treatment. These decisions can be made without consulting the other parent.
The following are the common reasons why a judge might give sole managing conservatorship to one parent:
- The other parent has a history of domestic violence
- The other parent abuses or neglects the child
- The other parent has a history of alcohol or drug abuse
- The other parent is consistently absent in the child’s life
If one parent is assigned as the sole managing conservator, the other will be considered the “possessory conservator.” This parent may still have the right to child visitation; however, the rights of the possessory conservator are limited or restricted to protect the best interests of the child.
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