What Do Texas Courts Look at in Deciding Child Custody Disputes?
In Texas, courts consider the best interests of the child when making child-custody determinations.
February 08, 2012
What Do Texas Courts Look at in Deciding Child Custody Disputes?Some divorces are friendly, and some are contentious. When young kids or adolescents are involved, the divorce will determine where the children will live and who will make important decisions about major things like education, medical care and discipline.
In a divorcewhere the parents remain cordial and have basic respect for one another, child custody issues may be resolved by negotiating a marital agreement between the parties, preferably with the assistance of their family law attorneys. The parents are in a position to know what is good for the family and children.
An agreement may also be reached out of court using an alternative dispute resolution method like mediation or collaborative law. Any parenting plan agreed to out of court must be approved by a judge.
However, when the parents disagree strongly about whom the children should live with, how parenting time should be divided between them or whether they each should be able to make key decisions in the kids' lives, they may end up in court.
Texas law uses the word "conservatorship" instead of "custody." A parent with conservatorship has the typical rights of parenthood. Two types of Texas custody arrangements are available.
"Sole managing conservatorship" is when only one parent is appointed to make day-to-day parental decisions plus important ones like those involving residence, "invasive" medical treatment, mental health services, legal matters, child support spending, education and more. Sole conservatorship may be appropriate when one parent is not involved in the child's life, or has a history of violence or addiction, for example.
"Joint managing conservatorship" is when the two parents share custody responsibilities. The judge will specify which parental decisions are to be made jointly and whether any particular decisions are to be the responsibility of one particular parent. One parent will make the decision of where the child's primary residence will be. If the child is over 11, he or she will have input on which parent will have this responsibility. Also, one joint conservator may be ordered to pay child support to the other.
When a Texas judge decides on joint managing conservatorship, he or she looks at the best interests of the children. The law requires consideration of these factors, and any other relevant factors:
-Will the "physical, psychological and emotional needs and development" of the child benefit?
-Will the parents be able to put the child first in making decisions together in his or her best interest?
-Can each parent support a positive relationship between the child and the other parent?
-Have both parents been involved in the child's life?
-How close do the parents live geographically?
Child custody in Texas can be a complicated legal issue, and it is in the best interest of any parent facing child custody matters to consult with an experienced family law attorney, even if the parents are on good terms.
Article provided by Barbara Lynch Schnack Law Office PC
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