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Going through a child custody battle can be one of the most challenging and emotionally draining experiences a parent can face. Whether you’re going through a divorce or separating from your partner, it’s crucial to have skilled legal guidance to help you understand your rights and navigate the complexities of child custody laws in Texas.
A Texas child custody lawyer from The Eggleston Law Firm can help you explore the different types of child custody arrangements in Texas, conservatorship and possession and access, and how they can impact your family’s future. Our skilled legal team will fight tirelessly to ensure your family’s rights are protected and your best interests are pursued. Call us today at 512-640-2507 to schedule a free initial consultation.
Child custody is known as conservatorship in Texas. This entails a few different aspects. First, it must be determined who has legal custody of the child. Legal custody means the power to make decisions regarding how the child is raised. In most cases, the courts would prefer that both parents share in the decision-making process.
Next, is the actual physical custody of the child. Often, the child spends most of his or her time with one parent, while the other parent has visitation or parenting time with the child.
The amount of visitation time that a parent may receive will depend upon the circumstances of the case, and what the court feels is in the best interest of the child.
Neither the father nor the mother has the upper hand in these cases. Most courts want to see both parents remain an important part of their child’s life, but when disputes arise, there is the potential that this may not be possible.
Each side may take very strong positions in an attempt to demonstrate why the other parent should not have the arrangement that he or she requests.
This is why it is so important to reach out to our family lawyers. Our extensive experience in child custody cases helps you put together a strong case to obtain the best results possible.
Once a decision has been reached, the order in place requires a substantial change in circumstances before it will be revisited. You do not want to make decisions that result in your inability to remain actively involved in your child’s life.
In Texas, child custody is referred to as “conservatorship,” and there are different types of conservatorship arrangements. Conservatorship is a crucial aspect of a child’s upbringing. It empowers parents to make decisions that will shape their child’s future. From choosing the right school to making healthcare choices, legal custody ensures that parents have a say in the important aspects of their child’s life. This responsibility comes with great trust and requires parents to communicate effectively and work together in the best interest of their child.
The two main types of conservatorship in Texas are:
Joint Managing Conservatorship (JMC):
Sole Managing Conservatorship (SMC):
Parental Rights and Duties
Another aspect to contemplate in relation to conservatorship in Texas is the allocation of parental rights and responsibilities. Certain rights are inherent to parents irrespective of their current conservatorship designation. Additionally, there are rights that, if not specifically assigned to one parent, are shared jointly by both parents.
An example of a right that necessitates allocation is the authority to determine the primary residence of the child. Other rights subject to allocation include the entitlement to receive financial support on behalf of the child and the authority to make decisions regarding the child’s education.
In cases where the court determines sole managing conservatorship, specific factors are taken into account, including:
It is important to emphasize that Texas courts generally lean towards joint managing conservatorship arrangements. This approach encourages both parents to actively participate in their child’s life, recognizing the value of their joint decision-making and emotional support. However, in situations involving a history of domestic or family violence or other factors potentially harmful to the child’s well-being, the courts may consider awarding sole managing conservatorship to one parent. This ensures the child’s safety and overall welfare are prioritized within the framework of Texas law.
In addition to the type of conservatorship, the court also determines the possession and access schedule, commonly known as visitation or parenting time. This outlines when the child will be with each parent, including weekends, holidays, and special occasions.
It’s important to note that in Texas, the term “custody” is not used. Instead, the focus is on the rights and duties of the conservators (parents) and the possession and access schedule. The court’s primary consideration in determining conservatorship and possession schedules is the best interest of the child.
In Texas, child custody matters are typically referred to as “possession and access.” These terms replace the traditional concepts of “custody” and “visitation.” Understanding possession and access is crucial for parents navigating child custody arrangements in the state. Here’s a breakdown of these terms:
Possession
Access
How Do Texas Courts Make Child Custody Decisions?
When determining possession and access in Texas child custody cases, the court considers various factors to ensure the arrangement is in the best interest of the child. The Texas Family Code provides a list of factors that the court may take into account, including:
It’s important to note that these factors are not exhaustive, and the court may weigh additional relevant considerations based on the specific circumstances of each case. Parents are encouraged to work collaboratively to develop a possession and access arrangement that serves the best interests of their child. If an agreement cannot be reached, the court will make determinations based on the evidence presented. Consulting with a family law attorney can provide guidance on how these factors may apply to your specific situation.
Understanding the default custody schedule in Texas can be crucial in determining your parental rights and responsibilities. The Standard Possession Order (SPO) is a default custody schedule outlined in the Texas Family Code that applies to most cases where parents are filing for divorce or separation.
The Standard Possession Order provides a framework for parents to follow when it comes to the time they spend with their child. It includes guidelines for both weekday and weekend visitation, as well as provisions for holidays, summer vacations, and other special occasions. This schedule aims to ensure that both parents have regular and meaningful contact with their child, promoting a healthy and stable environment for the child’s growth and development.
Under the SPO, the noncustodial parent typically has visitation rights on the first, third, and fifth weekends of each month. This allows the child to spend time with both parents on a regular basis, fostering a strong parent-child relationship. Additionally, the SPO usually grants the noncustodial parent extended visitation during summer break, school holidays, and certain other designated periods.
While the SPO provides a starting point for custody arrangements, parents can modify the schedule to better suit their unique situation. Consulting with an experienced Austin child custody lawyer can help you understand your options and negotiate a custody arrangement that aligns with your child’s best interests.
Modifying the Standard Possession Order requires both parents to agree on the changes and submit them to the court for approval or a finding by the court that applying a standard possession order is not in the child’s best interests after a hearing. The court will consider various factors, such as the child’s age, the parents’ work schedules, and the child’s school activities, when evaluating the proposed modifications. It is important to note that any modifications to the SPO must still prioritize the child’s well-being and ensure that their best interests are met.
When seeking to modify the SPO, it is essential to provide compelling reasons for the requested changes. These reasons may include a significant change in circumstances, such as a parent’s relocation, a change in work schedule, or unexpected changes in the child’s needs as they grow older. Demonstrating that the proposed modifications will benefit the child and promote their overall welfare is crucial in obtaining court approval.
Working with our skilled Austin child custody lawyers can greatly assist in navigating the process of modifying the Standard Possession Order. We can provide guidance on the legal requirements, help gather necessary evidence, and advocate for your rights as a parent. With our skilled guidance, you can present a strong case to the court and increase your chances of obtaining a modified custody arrangement that better suits your family’s needs.
In Texas, child support and conservatorship are separate but related concepts in family law. Child support is financial assistance provided by one parent to the other for the benefit of their child, while conservatorship refers to the legal rights and responsibilities of parents. Here’s how child support works in relation to conservatorship in Texas:
Child support is typically determined based on the Texas Child Support Guidelines, which consider the income of the noncustodial parent and the number of children requiring support. The designation of conservatorship (whether it’s joint managing conservatorship or sole managing conservatorship) does not directly impact the obligation to pay child support. Child support is determined separately from the conservatorship arrangement.
The noncustodial parent typically has the obligation to pay child support to help cover the child’s basic needs, including housing, food, clothing, education, and medical care.
Even if both parents share joint managing conservatorship, the noncustodial parent may still be responsible for child support payments based on their income and other factors outlined in the child support guidelines.
In addition to basic child support, the noncustodial parent may be required to contribute to the child’s medical and dental expenses, either by providing insurance or paying a portion of these costs.
It’s important to note that while conservatorship and child support are distinct legal matters, they are often addressed together in the context of divorce or child custody proceedings. The goal is to ensure that the child’s financial needs are met and that both parents contribute to their support, regardless of the specific conservatorship arrangement. Consulting with our family law attorneys is advisable to understand the specific laws and guidelines applicable to your situation in Texas.
If you’re going through a child custody dispute in Austin, Texas, it’s essential to take proactive steps to protect your parental rights and maintain a strong relationship with your child.
Steps to Take to Maintain a Strong Relationship with Your Child
By implementing these strategies, you can take proactive steps to protect your parental rights and maintain a strong and loving relationship with your child. Always remember, at The Eggleston Law Firm, it is crucial to seek expert guidance and assistance from our Austin child custody lawyers. They will help you navigate the intricacies of the legal system and strive to secure the optimal outcome for you and your child.
Choosing the right child custody lawyer can make all the difference in the outcome of your case. At The Eggleston Law Firm, we are committed to providing skilled guidance and support to parents in Austin, Texas, and the surrounding areas.
When it comes to child custody disputes, the stakes are high and emotions can run deep. That’s why it’s crucial to have a team of experienced child custody lawyers by your side. Our team at The Eggleston Law Firm has extensive experience in family law matters, including child custody disputes. We have seen firsthand the complexities of the legal system and understand the unique challenges that parents face.
Our dedicated child custody lawyers are not only well-versed in the legal aspects of child custody cases, but they also have a deep understanding of the emotional toll it can take on parents. We believe in providing compassionate and client-centered representation, creating a supportive environment for our clients throughout the entire legal process.
At The Eggleston Law Firm, we take pride in our experience and track record in family law matters. Our team of dedicated child custody lawyers has handled numerous cases involving child custody and visitation disputes, and we have a proven track record of success.
When you choose us as your child custody lawyers, you can rest assured that you are in capable hands. We will work tirelessly to protect your parental rights and ensure the best possible outcome for you and your child. Our team will thoroughly analyze your case, gather all the necessary evidence, and develop a strategic legal approach tailored to your specific situation.
We understand that every child custody case is unique, and we believe in taking a personalized approach to each client. Our goal is to provide you with the guidance and support you need to make informed decisions throughout the legal process. We will explain the legal options available to you, help you understand the potential outcomes, and advocate for your best interests every step of the way.
With our compassionate and client-centered approach, we aim to create a supportive environment for our clients, guiding them through every step of the legal process. We believe that every child deserves a safe and nurturing environment, and we will fight tirelessly to protect your child’s best interests.
When it comes to child custody battles, having a trusted advocate by your side can make all the difference. At The Eggleston Law Firm, we are dedicated to being your trusted advocates throughout the entire child custody process.
Our skilled Austin child custody lawyers understand the challenges you are facing and are prepared to fight tirelessly to protect your rights. We will work closely with you to understand your goals and develop a legal strategy that aligns with your needs. Whether you are seeking sole custody, joint custody, or visitation rights, we will advocate for your best interests and the best interests of your child.
At The Eggleston Law Firm, we believe in open and honest communication with our clients. We will keep you informed about the progress of your case, answer any questions you may have, and provide you with the support you need during this challenging time.
If you are facing a child custody battle in Austin, Texas, let The Eggleston Law Firm be your trusted advocates. Our skilled Austin child custody lawyers will fight tirelessly to protect your rights and help you navigate this difficult time. Contact us today at 512-640-2507 for a consultation and let us provide you with the skilled guidance and support you need during this challenging process.