Wilson Whitaker Rynell

Experienced Lawyers

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

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. 

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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

  • What are the Rights and Responsibilities in Child Custody Order?

    In most custody cases, a parent, whether sole, joint, or possessory conservator, always has the following rights and responsibilities:

    • The right to access information.
    • The right to participate in decision making.
    • The right to consult a doctor, dentist, and the school officials of the child.
    • The right to attend school activities and events.
    • The right to be listed on the child’s records as the person to contact in case of an emergency.
    • The responsibility of informing the other parent concerning the health, safety, education, and welfare of the child.
    • The responsibility of providing the child’s basic needs.
    • The responsibility to provide emotional support.

  • 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. 

  • How Long is Child Support Paid?

    Child support is paid until the child turns 18 or graduates high school, whichever is longer. If the child has disabilities, child support may be extended and/or increased by the court to better accommodate their needs.


    The Texas child support laws provide the following calculations.


    • One child: 20% of net monthly income
    • Two children: 25% of net monthly income
    • Three children: 30% of net monthly income
    • Four children: 35% of net monthly income, so on and so forth.

  • What Can I Do if Child Support Payments Are Not Made?

    A violation of a child support order will result in one of three child support enforcement options: Jail time, Fines, and Garnishment.

  • What is a Non-Custodial Parent Summer Vacation?

    The non-custodial parent has the right to have the child for 30 days during their summer vacation.

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.

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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