4 Things to Know About Texas Child Custody Law

If a divorcing couple has produced children during their marriage, questions of child custody can complicate an already unpleasant process. Parents should be aware of the aspects of Texas child custody law that can affect their relationships with their children. Depending on the custodial arrangement the parents choose, Texas child custody law makes provisions for the duties and responsibilities of each parent. The attorneys at Arguello Law Firm can guide divorcing parents through this complex process.

Texas Child Custody Law And “Conservatorship”

A family court judge who hears Texas child custody law cases will refer to custody as “conservatorship.” Conservatorship describes the rights and responsibilities each parent has for their children. Parents are not referred to as “custodians,” but as “conservators” of their children. If the parents cannot agree on a conservatorship arrangement, Texas child custody law places the responsibility for such arrangements on the family court judge.

Texas Child Custody Law And Parental Rights

While some states may favor one biological parent over another, Texas child custody law prohibits such preferential treatment. The standard for Texas child custody law is that all arrangements must be “in the best interests of the child.” The judge will assess the living standards, educational status and physical and mental health of both parents. The judge can also determine if the conservatorship arrangement will be shared between the parents, or if one parent will retain sole conservatorship.

Texas Child Custody Law Arrangements: Joint Managing Conservatorship

Texas child custody law provides for two types of conservatorship arrangements. A joint managing conservatorship means that both parents share their parental rights and duties. Most conservatorship arrangements made under Texas child custody law are joint managing conservatorships. In a joint managing conservatorship, the judge determines which duties will fall to an individual parent and which ones will be shared jointly between the two parents. The judge will also determine the visitation schedule for the non-conservator parent with a standard possession order.

Texas Child Custody Law Arrangements: Sole Managing Conservatorship

In rare cases, Texas child custody law also allows for a single parent to maintain conservatorship. The legal term for such an arrangement is a “sole managing conservatorship.” Texas child custody law provides for a sole managing conservatorship if one parent chooses not to fight for their parental rights. This arrangement can also be enforced if one parent has a history of physical abuse toward the child, a record of drug or alcohol abuse, or a criminal record. A judge can also grant a sole managing conservatorship if the two parents have strong conflicting feelings about religious, educational or medical standards for the child.

Source: FindLaw

Get Answers For Your Texas Child Custody Law Questions

To find out how we can answer your questions about how Texas child custody law affects your case, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to an attorney who understands Texas child custody law and how it affects your immigration status. You can also fill out the “Free Case Evaluation” form at the top of this page.