Navigating child custody matters can be emotionally challenging and legally complex. At True Law Firm, we understand the sensitivity of these cases and the importance of preserving your child’s best interests. Our team is committed to helping you achieve a fair and favorable custody arrangement while providing the support and guidance you need during this time.
What Is Child Custody?
Child custody refers to the legal arrangement determining which parent or guardian has the right and responsibility to make decisions for a child’s well-being and where the child will reside. It encompasses physical custody (where the child lives) and legal custody (decision-making authority). In Texas, the court considers the child’s best interests when deciding custody arrangements. Factors such as the child’s age, stability, parental involvement, and the ability to provide a safe environment all play crucial roles in determining custody.
Physical Custody vs. Legal Custody
Physical Custody
Physical custody relates to where the child primarily resides. Sole physical custody means the child lives primarily with one parent while the other may have visitation rights. Joint physical custody, on the other hand, means the child spends significant time living with both parents. Courts consider various factors to determine the best arrangement, including the child’s age, school location, stability of each home, and the ability to provide a nurturing environment.
Legal Custody
Legal custody pertains to the authority to make important decisions in a child’s life, such as education, healthcare, religion, and extracurricular activities. Legal custody can also be sole or joint. In joint legal custody, both parents share decision-making responsibilities, necessitating collaboration and communication. Sole legal custody grants one parent exclusive authority in these matters. Unless specific reasons dictate otherwise, courts often favor joint legal custody to allow both parents to be involved in the child’s life.
Types of Child Conservatorship
In Texas, the legal term for child custody is “conservatorship.” Custodial parents, with whom the child spends most of their time, are called “conservators,” and noncustodial parents are called “possessory conservators.” There are two primary types of conservatorships: sole managing conservatorship (SMC) and joint managing conservatorship (JMC).
Sole Managing Conservatorship (SMC)
In a sole managing conservatorship, one parent is granted the majority of decision-making authority and physical custody of the child.
The SMC typically makes major decisions regarding the child’s education, healthcare, religion, and general upbringing. The other parent usually has visitation rights but limited decision-making power. This arrangement is typically favored when determined to be in the child’s best interest due to factors such as the other parent’s unavailability, instability, or unsuitability.
Joint Managing Conservatorship (JMC)
Joint managing conservatorship involves both parents sharing the responsibility of making significant decisions for the child’s upbringing. In this arrangement, both parents are designated conservators, with rights and duties that include participating in decisions about the child’s education, medical care, and extracurricular activities.
While physical custody may still be granted primarily to one parent, visitation schedules are established to ensure the child spends meaningful time with both parents.
How to Prove a Parent Is Unfit:
- Collect documented instances of neglect, abuse, or endangerment.
- Obtain medical records, police reports, or witness statements that support your claims.
- Document any substance abuse issues, criminal history, or mental health concerns.
- Show that the parent’s behavior is consistent and poses a long-term risk to the child.
- Provide evidence of a history of neglect, abusive behavior, or instability.
- Demonstrate that the parent’s actions are not isolated incidents.
- Highlight instances of the parent’s failure to provide proper care, support, or supervision.
- Document situations where the parent has consistently failed to adhere to court orders.
- Prove that the parent is disengaged or uninterested in the child’s life.
- Seek testimony from professionals, such as therapists, counselors, or child welfare experts.
- Present expert opinions that substantiate your claims of parental unfitness.
- Keep records of all interactions, communications, and incidents related to the child’s safety.
- Ensure that your evidence is well-organized and easily accessible for court proceedings.
- Follow the appropriate legal channels and court processes when presenting your case.
- Consult our experienced family law attorney to navigate the legal complexities.
- Comply with court orders, attend hearings, and provide accurate information to authorities.
- Emphasize that your primary concern is the child’s welfare and safety.
To Improve Your Chance of Custody, You Must:
- Maintain open and constructive communication with the other parent.
- Demonstrate your ability to provide a stable and nurturing environment for the child.
- Enroll in parenting courses to enhance your parenting skills and knowledge.
- Always follow court-issued custody orders and visitation schedules.
- Keep records of your active participation in the child’s life.
- Attend school events, medical appointments, and extracurricular activities.
- Consult our experienced family law attorney to advocate for your rights.
- Encourage and facilitate a healthy relationship between the child and the other parent.
- Make decisions and choices that prioritize the child’s well-being above personal interests.
- Engage in mediation and negotiation in good faith to reach mutually beneficial agreements.
- Collect evidence that supports your claim, such as character references and financial stability.
- Seek professional help to address any issues that affect your suitability as a custodial parent.
Custody FAQs
Can a child's preference influence custody decisions?
Yes, if a child is 12 years or older, their preference may be considered by the court, although it is not the sole determining factor. The court will still prioritize the child’s best interests.
Can custody arrangements be modified after they are established?
Yes, custody orders can be modified if there is a significant change in circumstances that warrants a modification. This change could relate to the child’s needs, a parent’s relocation, or other relevant factors.
How are visitation schedules determined?
Visitation schedules are often negotiated between the parents or decided by the court if they cannot reach an agreement. The court aims to create schedules that ensure frequent and meaningful contact between the child and both parents.
Can grandparents seek custody or visitation rights in Texas?
Yes, under certain circumstances, grandparents may seek custody or visitation rights in Texas. They must demonstrate that doing so is in the child’s best interests and that the parents’ rights should be limited.
How is child support determined in Texas?
Child support in Texas is typically calculated based on a percentage of the non-custodial parent’s income, with adjustments for various factors such as the number of children involved and any special needs they may have.
How can I enforce a custody order if the other parent is not complying?
You can file a motion to enforce the custody order with the court, seeking legal remedies to ensure the other parent complies. This may result in modifications to the existing order, fines, or other consequences for non-compliance. You must consult an attorney in such situations.
Contact True Law Firm
True Law Firm is committed to your rights and the well-being of your children. Our team of lawyers genuinely cares about you and your family. We deliberately maintain a low number of clients to ensure each individual can maintain direct, one-on-one communication with their attorney. We also focus on delivering swift results while fervently advocating for your rights. If you’re seeking the best representation for your custody case, schedule your consultation. Our lawyers are always just a call away.
