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In Texas, child custody is legally referred to as "conservatorship." This area of law covers the rights and responsibilities parents have regarding their children after separation, divorce, or when parents are not married. The primary focus of Texas courts is to ensure the best interest of the child, emphasizing stability and the child's welfare above all other factors. Custody arrangements in Texas can either be agreed upon by the parents or, if necessary, ordered by the court.
Navigating child custody matters in Texas can be complex and highly emotional. You may need the help of a lawyer in situations such as:
Texas applies unique terms and standards in child custody cases. The two main types of conservatorship are:
Texas courts also determine "possession and access," commonly referred to as visitation. The Standard Possession Order sets a default schedule, but the court may modify it based on what is best for the child, especially for children under three or in situations involving long distances between parents.
Key local considerations also include child support, parental relocation, and enforcement of custody orders. Texas law emphasizes fostering a positive relationship with both parents whenever safe and feasible.
Conservatorship is the term Texas uses for what many people call "custody." It involves the legal rights and responsibilities of a parent concerning their child, including decision-making about the child’s education, medical care, and general welfare.
Joint managing conservatorship means both parents share legal rights and responsibilities, though one parent may have the right to determine the child's primary residence. Sole managing conservatorship gives one parent these rights exclusively.
The court's primary consideration is always the best interest of the child. Factors include the child’s needs, the parents’ ability to care for the child, the child’s preferences if over age 12, any history of abuse, and each parent’s home environment.
Moving a child out of state often requires court approval, especially if there is an existing custody order. The court will consider how the move affects the child and the other parent's relationship with them.
Children age 12 and older have the right to express a preference, but the court is not bound by the child's choice. The judge will weigh the child’s opinion alongside other evidence.
Many Texas courts require parents to attempt mediation before proceeding to trial. Mediation is an opportunity for parents to agree on custody arrangements without a judge making the decisions.
Non-custodial parents typically have rights to visitation, information about the child’s health and education, and input in important decisions. These rights can be limited if there are safety or welfare concerns.
To modify an existing custody order, you must prove that there has been a substantial change in circumstances and that modification is in the child's best interest. This often requires filing a petition with the court.
Violation of a custody order can lead to legal consequences such as fines, loss of visitation rights, or even jail time. The affected parent can ask the court to enforce the order.
Child support is typically paid by the non-custodial parent to help cover the child’s living expenses. The amount is determined by guidelines that consider the parent’s income and number of children.
If you need more help or information on child custody in Texas, the following organizations and agencies can be helpful:
If you are facing a child custody matter in Texas, consider the following steps:
Understanding your rights and responsibilities is essential in Texas child custody cases. Seeking reputable legal guidance and using available resources can help you achieve the best outcome for you and your child.
