Understanding Child Custody in Texas

October 11, 2012

Even though you may be familiar with the term child custody, in Texas there are different types of child custody and varying factors that a court looks at to determine the custody role of each parent. While many in Texas may use the term custody, under the Texas Family Code custody is referred to as conservatorship. In Texas, the courts favor granting both parents access to the child absent parental misconduct, such as neglect, domestic violence or abuse.

Texas Child Custody

In Texas, there are two different forms of custody or conservatorship rights given to parents. A managing conservatorship allows the parent to make legal decisions regarding the child, such as which school or church to attend, as well as the power to make financial and medical decisions for the child. The other type of conservator is a possessory conservator. A parent with possessory conservatorship has the right to access and visit the child, but does not have the authority to make legal decisions for the child.

Joint Conservatorship

When both parents share equal managing and possessory conservatorship the arrangement is referred to as joint conservatorship. However, joint possessory conservatorship or joint physical custody can be practically difficult. Therefore, joint managing conservatorship is often granted where both parents equally share in making the child's legal decisions but the child predominantly lives with one parent. In situations where one parent is unfit to care for the child, sole custody or sole conservatorship will be granted to the other parent who will have exclusive managing and possessory conservatorship over the child.

There is a presumption in Texas that it is in the best interest of the child for the parents to be given joint managing conservatorship. To determine the appropriate conservatorship of the child the court will use the "best interests of the child" standard in light of a number of factors. A court in Texas will consider the following factors when deciding whether to grant joint conservatorship:
-The ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest
-Whether each parent can encourage and accept a positive relationship between the child and the other parent
-The extent both parents participated in child raising so far
-The physical distance between the residences of the parents
-The child's preference, if the child is age 12 or older
-Any other relevant factors

Parents going through the conservatorship process should understand that the court will make its evaluation based on the behavior of the parents throughout the proceedings. Therefore not only does the court look at the facts of the case but also the demeanor of the parents. While joint conservatorship will not be awarded where there is a history of danger or neglect toward the child, a false accusation may hurt the parent who makes the allegation. Moreover, Texas law furthers the steps toward a conservatorship agreement by encouraging parents to enter into a conservatorship agreement themselves.

Parents considering conservatorship issues can gain valuable insight from an experienced family law attorney. A family law attorney can help a parent think about custody issues from varying perspectives and help the parent craft an agreement that is in the best interest of the child.

Article provided by Jim Ross & Associates, P.C.
Visit us at http://www.jimrossfamilylaw.com