Child Custody

Texas Child Custody Lawyer

When parents and children live in the same household, it is understood how the duties for the care and up-bringing of children are handled on a daily basis. A divorce, however, changes the picture and the parents will need a new set of rules to raise their children. If parents cannot agree with whom the children will live, how to make health, education and welfare decisions, the court will render a decision with which both parents must comply.

What is Child Custody?

Child custody commonly refers to the parenting arrangement when parents separate or divorce. Different from other states, Texas Family Code uses the term “conservatorship” to describe the parent-child relationship and encourages parents to share in the rights and duties of raising children after the parents have separated or dissolved their marriage.

Types of Conservatorship

In Texas, the law defines conservatorships as either managing or possessory.

  • Managing conservators have the normal parental rights and responsibilities as well as the right to manage the affairs of a minor child. When the court acts in a lawsuit, Texas law specifies that the judge may appoint a sole managing conservator or may appoint joint managing conservators.
  • Possessory conservators have only the right to access the child under a specified schedule.

Focusing on the Child’s Best Interest

When it falls to the court to determine issues of conservatorship and possession of and access to the child, it is a matter of Texas public policy that the best interest of the child shall always be the primary consideration. Barring evidence of ongoing child, drug or alcohol abuse, family violence or other criminal acts, Texas courts generally consider joint custody in the best interest of the child. As long as parents live within a reasonable distance of one another and are willing to cooperate, the court will arrange for both parents to share in the care and upbringing of children.

Getting Legal Help

At the Law Office of Kathy Black, we encourage parents who file for divorce to put differences aside and work together to define a parenting plan. After all, you love your children, you know them well and are in a better position than a Judge to decide what is best for them.

Whether you are contemplating divorce, your spouse has filed a petition to end your marriage or you are facing post-divorce child custody issues, an experienced family law attorney can offer legal guidance and protect your legal rights. Call our Conroe, Texas law firm at (936) 537-2471 to arrange an appointment to discuss your custody case.

Texas family law attorney, Kathy Black, serves clients in Conroe, The Woodlands, Magnolia and surrounding towns in Montgomery County