Practice Areas
Child Custody
Your children are the most important part of your life.
Understanding Child Custody in Texas
Child custody can be one of the most important and challenging issues a parent will face during or after a divorce or other family-law proceeding.
In Texas, "child custody" generally involves conservatorship, possession and access, decision-making authority, and the rights and responsibilities each parent has regarding the child.
The Court's primary consideration is the best interest of the child, and the appropriate arrangement will depend on the circumstances of each family. Whether parents are able to work together or are involved in a highly contested dispute, having a clear understanding of your legal rights and options can help you make informed decisions for your child.
Conservatorship and Parental Rights
Texas law uses the term "conservatorship" to describe the legal rights and responsibilities a parent has regarding a child. Parents may be appointed as Joint Managing Conservators, while in some circumstances one parent may be appointed Sole Managing Conservator.
Conservatorship addresses issues such as the right to make certain decisions for the child, access to information, and other parental rights and responsibilities. Being named a managing conservator does not necessarily determine how much time a parent spends with the child, as possession and access are addressed separately.
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When determining conservatorship and possession, Texas courts consider the best interest of the child. Factors that may be relevant include the child's physical and emotional needs, each parent's ability to provide care, the child's relationship with each parent, the stability of each parent's home, and other circumstances affecting the child's well-being.
The Court may also consider circumstances involving the child's age, education, medical needs, extracurricular activities, and the parents' ability to work together. There is no single custody arrangement that is appropriate for every family.
Possession and Parenting Time
A possession order establishes when each parent has the right to spend time with the child. Texas provides a Standard Possession Order that can serve as a framework for many families, including provisions for weekends, holidays, and school breaks.
However, parents may also agree to a customized possession schedule that better accommodates their work schedules, the child's school and activities, travel, distance between the parents' homes, or other circumstances. Depending on the child's age and the circumstances of the family, a modified or supervised possession schedule may also be appropriate.
Special Circumstances in Child Custody Cases
Certain circumstances may require a custody arrangement that differs from a typical parenting schedule. Cases involving very young children, family violence, substance abuse, safety concerns, significant conflict between parents, incarceration, homelessness, or other serious circumstances may require additional restrictions or protections.
Depending on the facts, the Court may order supervised possession, impose geographic restrictions, establish specific exchange procedures, or place other limitations on a parent's possession or access to the child. These cases should be carefully evaluated based on the specific facts and circumstances involved.
Why a Detailed Custody Order Matters
A well-drafted custody order should address more than simply which parent has the child on certain days. Important issues may include holidays, vacations, transportation, exchanges, school activities, medical appointments, travel, communication, decision-making, and procedures for handling disagreements.
Anticipating potential problems and addressing them in the order can help reduce future conflict and provide parents with greater certainty about their rights and responsibilities.
Fergus & Tomanka Can Help
Fergus & Tomanka can help you navigate the legal and practical issues involved in establishing, modifying, or enforcing a child custody arrangement.
Whether you are seeking a workable parenting schedule, facing a contested custody dispute, dealing with a proposed relocation, or addressing concerns involving safety or enforcement, our attorneys can help you understand your rights and available options. We can work with you to develop a custody arrangement that addresses your family's unique circumstances while keeping the best interests of your child at the forefront.
Call (512) 291-6952 to set up a consultation with one of our attorneys OR simply Make An Appointment on your own!
These issues can be quite difficult to handle on your own due to the legal complexity and emotionally-charged nature of the proceedings. It’s best to consult with an experienced family law attorney in your area.