When parents go through a divorce or separation, one of the most important issues that arise is the custody of their children. In Texas, the courts aim to make decisions in the best interest of the child. However, understanding parental rights and responsibilities can be confusing. This overview explains how child custody cases work in Texas and what parents need to know about their rights and responsibilities. McCarty Larson, PLLC provides compassionate and knowledgeable legal support to guide families through the complexities of child custody cases.
What Does Child Custody Mean in Texas?
In Texas, child custody is referred to as conservatorship. The law focuses on the rights and responsibilities of each parent, rather than simply deciding where the child will live. Conservatorship can be broken down into two main categories: managing conservatorship and possessory conservatorship. Both types of conservatorship come with specific rights and responsibilities that are given to each parent.
A managing conservator is responsible for making important decisions about the child’s life. This includes choices regarding education, health care, and religious upbringing. When a parent is given managing conservatorship, it means that they have the authority to make these decisions. In many cases, the court may assign both parents as joint managing conservators, meaning they share these responsibilities.
A possessory conservator, on the other hand, is typically the parent who has less physical time with the child. They still have the right to spend time with the child, but they may not have the same decision-making authority as the managing conservator. Even though they have fewer responsibilities, possessory conservators still have important rights when it comes to their relationship with their child.
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Best Interest of the Child Standard
Texas courts use the “best interest of the child” standard when making custody decisions. This means that the court will carefully consider what arrangement will most benefit the child’s well-being, safety, and development. Judges will look at several factors when deciding custody cases. Some of these factors include the child’s physical and emotional needs, the stability of each parent’s home environment, and the relationship between the child and each parent.
The courts will also consider the child’s preferences if they are old enough to express their opinion. In Texas, a child who is 12 years old or older may have their wishes taken into account, although the judge is not required to follow the child’s preference. The primary goal of the court is to ensure that the custody arrangement promotes a positive and supportive environment for the child.
Joint Managing Conservatorship vs. Sole Managing Conservatorship
In many cases, Texas courts prefer to appoint both parents as joint managing conservators. This allows both parents to be involved in making important decisions about their child’s life. Joint managing conservatorship does not mean that the child will spend equal time with both parents, but it does ensure that both parents have a say in major decisions.
In situations where it is not in the child’s best interest for both parents to share decision-making responsibilities, the court may assign one parent as the sole managing conservator. A sole managing conservator has the exclusive right to make decisions about the child’s upbringing. The other parent, known as the possessory conservator, will still have visitation rights and other legal rights to their child, but they will not have the same level of decision-making authority.
Sole managing conservatorship is typically awarded in cases where one parent has a history of violence, abuse, or neglect. The courts may also consider this option if one parent is deemed unfit to care for the child. When making this determination, the judge will carefully weigh all the factors to ensure the child is protected.
Possession and Access (Visitation)
Possession and access refer to the amount of time each parent gets to spend with the child. In Texas, a standard possession order is often used to determine when each parent will have access to the child. The standard possession order outlines a visitation schedule, which typically allows the noncustodial parent (the parent who does not live with the child) to have visitation on weekends, holidays, and during the summer.
Parents can agree to a different possession and access schedule if they believe it will work better for their family. However, if the parents cannot reach an agreement, the court will impose a standard possession order. It is important to note that possession and access schedules are designed to allow the child to maintain a relationship with both parents while also providing stability in their daily life.
Visitation rights are important, even if a parent is not the managing conservator. Both parents have the right to maintain a relationship with their child, and visitation schedules are created to ensure this happens. In some cases, supervised visitation may be required if there are concerns about the child’s safety when they are with one parent. The court will always make decisions based on what is safest and most beneficial for the child.
Modifying Child Custody Orders
There are situations where a custody order may need to be modified. Life circumstances change, and sometimes the existing arrangement may no longer be in the child’s best interest. In Texas, either parent can request a modification to a custody order if they believe that a change is necessary.
Common reasons for seeking a modification include a parent relocating, changes in the child’s needs, or concerns about a parent’s ability to care for the child. In order to modify a custody order, the parent requesting the change must show that there has been a significant change in circumstances. The court will then evaluate the situation and determine whether modifying the custody arrangement is in the child’s best interest.
Modifications can also be made to possession and access schedules. For example, if a parent’s work schedule changes, they may request a modification to the visitation schedule to allow for more time with the child. As with all custody decisions, the primary consideration is the well-being of the child.
Parental Rights in Texas Child Custody Cases
Both parents have fundamental rights when it comes to raising their children. These rights are protected by law, regardless of the custody arrangement. Some of the key rights parents have in Texas custody cases include the right to make decisions about their child’s education, health care, and religious upbringing. Parents also have the right to be informed about their child’s life, including their education, medical treatment, and extracurricular activities.
In addition to these rights, parents are also responsible for providing for their child’s financial, emotional, and physical needs. Child support is often ordered in custody cases to ensure that both parents contribute to the cost of raising the child. The noncustodial parent typically pays child support to the custodial parent to help cover the child’s living expenses.
It is important for parents to understand their rights and responsibilities during a custody case. Navigating the legal process can be challenging, but having a clear understanding of parental rights will help ensure that the best interests of the child are upheld.
How Child Support is Determined in Texas
Child support is a key issue in many child custody cases. In Texas, child support is determined based on a formula that takes into account the noncustodial parent’s income and the number of children that require support. The parent who does not have primary custody will generally be required to make regular payments to support their child’s needs.
Child support payments are meant to cover expenses such as housing, food, education, medical care, and other essentials. The court will review the financial situation of both parents when determining the amount of child support to be paid. If circumstances change, such as a significant increase or decrease in income, the child support order can be modified to reflect the new financial situation.
Failure to pay child support can result in serious legal consequences. Texas law takes child support obligations very seriously, and parents who fail to make payments may face penalties such as wage garnishment, fines, or even jail time.
Child custody cases in Texas are often complex and emotional, but understanding your rights and responsibilities is essential for protecting your relationship with your child. Whether you are seeking joint managing conservatorship or need to modify an existing custody order, it is important to have a clear understanding of the legal process.
At McCarty Larson, PLLC, we are committed to helping parents navigate the complexities of child custody cases. Our team understands the importance of maintaining strong parental bonds and ensuring that the best interests of the child are always upheld. If you are facing a custody dispute or need assistance with any aspect of parental rights and responsibilities, contact McCarty Larson, PLLC today. We are here to provide the guidance and support you need to protect your parental rights and ensure the best possible outcome for your family.