CHILD CONSERVATORSHIP IN TEXAS
ATTORNEYS IN DALLAS
Lawyers Serving Dallas, Frisco, and Plano in Family Law and Divorce cases with experienced board-certified lawyers aggressively protect rights.
TEXAS CHILD CUSTODY AND ACCESS
The Best Interest of the Child
“The best interest of the child” is a legal principle that is often used in family law and child custody cases. It refers to the idea that the needs and well-being of the child should be the primary consideration when making decisions that affect them. The best interest of the child is generally determined by considering a range of factors, such as the child’s age, health, emotional and developmental needs, educational needs, relationships with each parent, the stability of the proposed home, and any history of abuse or neglect. In Texas, children 12 and older have the right to voice their preference of which parent they wish to live with.
Factors the Court doesn’t Care About
In the past, it was common for courts to favor the mothers in custody cases. Texas voters approved the Equal Rights Amendment to the Texas Constitution in 1972, and as a result the following are no longer considered when evaluating custody cases: Infidelity, Marital Status, Gender, Racial Status, and Religion.
Conservatorship of Children in Texas
In Texas, courts divide child custody into two categories: Conservatorship and Possession & Access.
Conservatorship is essentially the rights and responsibilities of a parent to make decisions for the child regarding their education, medical, dental, and psychiatric needs.
Two Types of Conservatorships in Texas:
- Sole Managing Conservatorship: Allowing one parent to make all the decisions; and
- Joint Managing Conservatorship: Allowing parents make decisions together.
Possessory Conservatorship (Possession & Access) is the individual who has a right to the possession of the child under specific conditions and can exercise certain rights of a parent during their periods of possession.
Additional Child Conservatorship Focus
Joint Managing Conservator Rights in Texas
Joint managing conservatorship (JMC) occurs when the rights and duties of a parent are shared by both parties. Such a joint managing conservator custodial relationship may be allowed by the Court if it is in the best interest of the child. The Court will look to the following to determine whether a JMC relationship is appropriate:
- whether the physical, psychological, or emotional needs and development of the child will benefit from joint managing conservators;
- 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;
- whether both parents participated in child upbringing before the filing of the suit;
- the geographical closeness of the parents’ residences;
- if the child is 12 years of age or older, the child’s preference, if any, regarding the person to have the exclusive right to decide where the child will live; and
- all other factor in the parent-child relationship.
Sole Managing Conservator Rights in Texas
The sole managing conservator is the parent or guardian who has been granted sole legal and physical custody of the child. This means the sole managing conservator has the authority to make decisions for the child without consent from the other parent or guardian. The non-custodial parent may still have visitation rights, but they do not have the same decision making authority. For the parent named sole managing conservator, they will have the following rights:
- The right to designate the child’s primary residence.
- The right to consent to medical, dental, and surgical treatment including invasive procedures.
- The right to consent to psychiatric and psychological treatment.
- The right to receive child support.
- The right to consent to marriage and to enlistment in the United States military.
- The right to make decisions about the child’s education.
Parental Rights and Responsibilities In Custody Cases
Holidays Awarded in A Texas Child Custody Order
In Odd Numbered Years
Thanksgiving | Chirstmas | New Years |
---|---|---|
Parent has the child from the time school lets out for Thanksgiving break. | Parent has the child from the time school lets out until noon on December 28th | Parent has the child from December 28th at noon until 6PM on the day before school starts again. |
Holidays Awarded in A Texas Child Custody Order
In Even Numbered Years
Thanksgiving | Chirstmas | New Years |
---|---|---|
Other Parent has the child from the time school lets out for Thanksgiving break. | Other Parent has the child from the time school lets out until noon on December 28th | Other Parent has the child from December 28th at noon until 6PM on the day before school starts again. |
How is Child Support Calculated in Texas?
In Texas, child support is calculated based on a set of guidelines that consider the income of the parents, the number of children, and the amount of time each parent spends with the children. The guidelines are intended to ensure that children receive a fair and consistent level of financial support, regardless of the parents’ income.
Click Child Support Guidelines to see more about child support guidelines in Texas.
CLIENT MATTERS
5,000+
YEARS OF SERVICE
25+
Award Winning
Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.
Expert Team
Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you.
Quality Representation
