One of the most challenging and emotionally draining aspects of a divorce can involve child custody negotiations. You should contact our firm’s Austin child custody lawyers immediately if you have kids and want to file for divorce or have already initiated legal proceedings.
Our Smith & Bledsoe Family Law’s Austin child custody attorneys are dedicated to creating child custody arrangements that prioritize the child’s best interests and ensure a stable family dynamic. Deciding who your child should live with, how much time the other parent should spend with them, and other issues related to custody can be stressful. You want to meet your child’s needs regardless of your feelings about your ex. Even if you don’t get along, you know your child should continue a relationship with them.
Smith & Bledsoe Family Law can help you put your feelings aside to arrange a custody agreement that meets your interests and ensures your child’s well-being. To learn more about your legal options, call us at (512) 277-3166 for a free case evaluation with a skilled family law attorney in Austin today.
Understanding Child Custody
Child custody is a legal process that determines which parent, guardian, or third party will have the right to make decisions regarding a child’s welfare. Understanding child custody is important because it directly affects a child’s well-being and the family’s future. The decisions made during this process can have long-term consequences on how a child is raised and how parents share responsibilities. Handling this legal process can be complex, but with the right guidance, you can ensure that the best interests of your child are prioritized.
Conservatorship is the legal term for custody in Texas. Child custody, often referred to by the legal term “conservatorship,” involves determining where a child will live and how decisions regarding their welfare are made.
Types of Child Custody in Texas
In Texas, the roles of managing conservator and possessory conservator divide parental rights and duties. The managing conservator typically makes crucial decisions about the child’s education, medical care, and legal matters, while the possessory conservator focuses on the child’s living arrangements and visitation schedules. Understanding these roles is essential for creating a custody arrangement that supports the child’s best interests. The two primary types of conservatorship are:
- Managing conservatorship – Managing conservatorship gives a parent the right to make essential decisions about their child’s life, including their religious upbringing, healthcare needs, and education.
- Possessory conservatorship – Possessory conservatorship is about where the child will live at any given time and when each parent has time with the child.
Texas Family Code 153.131 requires the court to appoint one or both parents as joint managing conservators unless it would not be in the child’s best interest because the decision would significantly impair the child’s emotional development or physical health. That means critical decisions about the child’s life should involve both parents.
Conservatorship Arrangement
Texas law allows flexibility in custody negotiations so that both parents can decide on the terms. However, a judge can intervene and use a standard possession order if the parties can’t agree on a conservatorship arrangement.
A standard possession order is a detailed arrangement of specific times the child will spend with each parent. The custody and visitation schedule will take into account the distance between the parent’s homes.
Sometimes, the court will appoint one parent as the sole managing conservator if joint managing conservatorship isn’t in the child’s best interest. However, that is only under extreme circumstances, such as where child abuse, domestic violence, or untreated drug or alcohol abuse exists.
Navigating this legal process can be complex, but with the right guidance from experienced Austin family lawyers and family law attorneys, you can ensure that the best interests of your child are prioritized.
Rights of a Sole Managing Conservator of a Child in a Sole Managing Conservatorship
A sole managing conservator, under sole managing conservatorship, has specific rights under state law, including to:
- Give and receive a receipt for periodic child support payments and disburse or hold funds to benefit the child
- Designate the child’s primary residence
- Consent to enlistment in the United States armed forces and marriage
- The child’s services and earnings
- Consent to psychological and psychiatric treatment
- Make decisions about the child’s education
- Consent to dental, surgical, and medical treatment involving invasive procedures
- Represent the child in legal action and decide on other legally significant matters related to the child
- Act as the child’s agent regarding their estate unless the court appoints a guardian or attorney ad litem for the child or guardian of the estate if the state, foreign government, or the United States requires the child’s action
How the Court Decides on Child Custody in Texas
Texas Family Code 153.001 establishes the public policy of the state, the purpose of which is to ensure that a child custody case is decided in the child’s best interests:
- A child has frequent and continuing contact with parents showing an ability to act in their child’s best interest
- The parents are encouraged to share in the duties and rights of raising their child after separation or divorce
- The parents provide stable, nonviolent, and safe environments for the child
Court proceedings in these cases can be emotionally charged and contentious, making it essential to have experienced legal representation.
Factors in Determining Child Custody
The courts use the child’s best interest as the primary factor in determining custody. Other factors they consider include:
- Any future and immediate physical and emotional danger to the child
- Actions or failures to act indicating a parent doesn’t have an acceptable parent-child relationship
- The parent’s excuse for their actions or failures to act
- The child’s immediate and future emotional and physical needs
- Available programs for assisting parents who want to promote their child’s best interests
- The child’s desires
- The home or proposed home’s stability
- Each parent’s plans for the child
- The parental abilities of each parent
Although the child can voice their preference for who they would rather live with, their wishes aren’t legally binding in court. That means the court will consider the child’s wishes but decide on custody according to the child’s best interests and other necessary factors. Typically, children don’t get the final say in which parent they primarily reside with and whether the other should have access to them until they turn 18.
The Child Custody Process
The child custody process can be complex and emotionally challenging. It’s essential to have an experienced family law attorney to guide you through the process. An experienced child custody attorney in Austin can help you understand your rights, navigate the legal system, and advocate for the best possible outcome for you and your child.
Filing a Petition
Filing a petition is the first step in the child custody process. The Suit Affecting the Parent-Child Relationship (SAPCR) petition must include detailed information about the child, the parents, and the reasons for seeking custody. Once the petition is filed, the court will schedule a hearing to determine the best interests of the child. This initial step is crucial, as it sets the stage for the entire custody case. Having a knowledgeable family law attorney by your side can ensure that your petition is thorough and compelling.
Proving a Parent to Be Unfit
During child custody cases, both parents will fight to the bitter end to receive an order in their favor. If one parent feels that the other is “unfit,” they are justified in asking the court to review this claim. An unfit parent can be classified as someone who does not carry out their responsibilities to care for and protect their child. There are several key pieces of evidence that must be examined before a judge can rule on this issue, including:
- A history of neglect or abuse
- A history of substance abuse
- A history of domestic violence
- A history of mental health issues
An experienced child custody attorney can help you navigate the complex legal process and ensure your rights are protected. They can also help you build a strong case to prove that you are a fit parent who can provide a stable and nurturing environment for your child.
Modifying a Child Custody Order
You can file a Petition to Modify the Parent-Child Relationship with the court to request changes to a conservatorship or possession order, which is common in family law cases. However, the court will grant the child custody modification request only if the amendment is in the child’s best interest and at least one of these circumstances apply:
- The child is at least 12 and expresses to the court their preference for who they should live with
- The appointed conservator relinquishes primary possession and care of their child voluntarily to someone else for at least six months
- The conservator, child, or another person affected by the order experiences a substantial and material change in circumstances since the date of the current order or the date of the signed settlement agreement regarding the current order, whichever occurs sooner
Understanding Texas family law is important in these situations to ensure that any modifications are in the child’s best interest.
Relinquishing primary care and possession of the child isn’t a circumstance justifying a modification if the reason was due to military service.
Speak to an Experienced Child Custody Attorney in Austin Today
When the stakes are high, you deserve representation from a skilled and resourceful Austin child custody lawyer from Smith & Bledsoe Family Law. Our team has 15 years of combined legal experience. Our firm can advise you of your rights and guide you through each step of the custody process. You can depend on our team to protect your interests and fight for the best possible outcome in your case.
Our team is well-versed in handling complex family law matters, ensuring that you receive the best possible legal support.
If you face a child custody battle or want to modify an existing order, call firm-name at (512) 277-3166 now for a free case evaluation. Let us take care of everything so you can focus on yourself and your child.
Related Posts: