When you’re facing a child custody case in Texas, it’s common to feel overwhelmed. At McCarty-Larson, PLLC, we understand how stressful it can be to navigate through the legal complexities of child custody. You might be feeling anxious about the decisions ahead and unsure about what your next steps should be. We are here to guide you through the entire process, providing clarity, support, and strong representation every step of the way. Whether you’re a mother or father, understanding Texas child custody laws is the first crucial step toward ensuring that your child’s best interests are at the heart of any decision made.
When you choose McCarty-Larson, you're choosing a legal team that will stand by you every step of the way.
What Is Child Custody in Texas?
In Texas, child custody is officially referred to as “conservatorship.” Conservatorship refers to the rights and duties that parents have over their child’s care, upbringing, and well-being. These rights are granted by the court, and the way they are divided between parents is determined based on the child’s best interests. When parents separate or divorce, the court’s main focus is to make decisions that will allow the child to grow up in a stable, healthy environment, with meaningful relationships with both parents whenever possible.
In a child custody case, two main elements are considered: conservatorship and possession.
What Is Conservatorship?
Conservatorship is the legal authority that a parent has to make decisions for their child. These decisions might include the child’s education, healthcare, and general well-being. There are two types of conservatorship in Texas: joint managing conservatorship and sole managing conservatorship.
Under joint managing conservatorship, both parents share the decision-making responsibilities for the child. This doesn’t necessarily mean equal time-sharing but rather that both parents will have a role in the child’s life, making important decisions together. In some cases, one parent may have the right to make certain decisions, like medical care, while the other parent handles other matters, like education.
Sole managing conservatorship means one parent has the authority to make all major decisions regarding the child’s life without consulting the other parent. This arrangement is typically rare and only occurs if the court believes it’s in the child’s best interests, especially in cases where one parent might be unfit or unable to care for the child properly.
What Is Possession and Access?
Possession refers to the time that a parent spends with the child. In Texas, the law prefers that both parents have frequent and meaningful contact with their children. The courts aim to create a schedule that allows each parent to have access to the child for significant periods.
The most common possession schedule involves alternating weekends, one evening a week, and holidays. However, every family is unique, and the exact possession schedule can vary depending on factors such as the child’s age, the parents’ work schedules, and the distance between both parents’ homes.
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How Does the Court Determine Custody?
Texas courts make custody decisions based on what they believe is in the best interests of the child. There is no one-size-fits-all formula, and the court takes various factors into account when making a decision. Some of these factors include the child’s emotional and physical needs, the child’s preference if they are old enough to express one, the ability of each parent to provide a stable, safe, and nurturing environment, the relationship the child has with each parent, and any history of abuse or neglect.
If the parents cannot agree on a custody arrangement, the court will make the final decision. This might include ordering a social study or psychological evaluation to help determine what will serve the child’s best interests. If you’re worried about the outcome of your case, it’s crucial to have legal guidance to help you present the facts that best highlight your ability to provide a stable and loving environment for your child.
Can Custody Orders Be Modified?
Yes, child custody orders in Texas can be modified. However, to make changes, there must be a substantial change in circumstances since the original order was made. Examples of circumstances that may justify a modification include a parent moving to a different area, a change in the child’s needs, or a parent being unable to fulfill their parental responsibilities.
If you feel that a modification to your current custody agreement is necessary, you should consult with an attorney to determine the proper steps to take. Texas courts take modifications seriously and will only grant them if they determine that the changes will be in the best interests of the child.
What If I Want Full Custody?
Seeking full custody, or sole managing conservatorship, is a significant decision that may be necessary if one parent is unfit to care for the child. This could be due to factors such as substance abuse, neglect, or a history of abuse. To win sole custody, you must provide the court with clear and compelling evidence of why the other parent is not capable of fulfilling their parental duties.
While Texas courts generally prefer joint conservatorship, they will prioritize the child’s welfare above all else. If you believe that your child’s safety or well-being is at risk in the other parent’s care, it is important to present evidence that supports your claims, whether through witness testimony, medical records, or other documentation. This is a delicate area of law that requires professional legal help to ensure that your child’s interests are fully protected.
What Happens If I Don’t Agree with the Custody Decision?
Disagreements over child custody are common, and it’s not unusual for one or both parents to feel dissatisfied with a court’s decision. If you don’t agree with the custody ruling, you do have options. You can file an appeal, but keep in mind that appeals are typically difficult to win unless there has been a legal error or significant oversight in the case. Alternatively, you can try to negotiate a new arrangement through mediation or seek to modify the order if there are significant changes in circumstances.
Mediation is often a helpful tool in resolving custody disputes. In mediation, a neutral third party helps both parents work out an arrangement that they can both agree on. If both parties can agree, the court will typically approve the modified plan.
How Can an Attorney Help?
Navigating child custody laws in Texas can be complicated, and having an experienced attorney by your side can make all the difference. A lawyer can help you understand the legal nuances of conservatorship, possession, and the factors courts consider when making decisions. They can also help you gather evidence to support your case and negotiate a favorable settlement if possible.
At McCarty-Larson, PLLC, we understand how difficult and emotional custody battles can be. Our compassionate attorneys are here to provide you with the legal guidance and representation you need to secure the best possible outcome for you and your child. Whether you’re seeking joint custody, sole custody, or need to modify an existing custody arrangement, we can help you navigate the legal process with confidence.
If you’re facing a child custody case in Texas, don’t navigate this challenging time alone. Contact McCarty-Larson, PLLC today to schedule a consultation. Let us help you protect your parental rights and work towards a custody arrangement that prioritizes your child’s best interests.