Child Custody Basics for Texas Parents Revisited

On the off chance that you have require a best reasonable Child Custody Law encounter, Child Custody Basics for Texas Parents Revisited to the immense procedure!

Spring TX Divorce Lawyer – When parents walk into the Law Office of Bryan Fagan for a consultation with one of our family law attorneys, the subject will invariably turn to how they can maximize the amount of time that they are able to spend with their child.

This is understandable and doesn’t necessarily mean that this person is attempting to minimize the opportunity for the other parent to be with the child, it just means that at a time where suddenly their ability to see their child whenever they choose is not guaranteed the questions naturally turn to securing as much time with the child as possible.

The ways to do this and the situations in which child custody comes up are varied. What follows is an overview of the process of petitioning for and receiving an Order from a Texas Court regarding child custody.

WHAT IS CHILD CUSTODY IN TEXAS?

First and foremost, what is commonly referred to as “child custody” is known in the laws of our State as “conservatorship”.

Conservatorship actually has more to do with rights and duties to a child than possession and access to the child.

RIGHTS AND DUTIES

Spring Divorce Lawyer – These rights include the right to make decisions regarding the child’s wellbeing:

1. Educational
2. Psychological
3. Medical, etc.) as well as
4. Duties to support and protect the child’s physical safety

Even if you are not in possession of the child at this very moment, all parents have certain rights and duties to their child.

This is the case if you as a parent are divorced from your child’s other parent or were never married in the first place or are still married.

In many divorce or child custody cases, the rights and duties of the parents are agreed upon in a fairly amicable fashion.

However, there are instances where one parent wishes to keep the other from obtaining a certain right or wants to limit a certain right. If this becomes a disputed issue Courts become involved and play tie breaker to decide an issue.

JOINT OR SOLE MANAGING CONSERVATORSHIP?

The vast majority of conservatorship situations found in Texas divorce/custody cases are either joint managing conservatorships or sole managing/possessory conservatorships.

JOINT MANAGING CONSERVATORSHIP

Houston Divorce Lawyer – Joint Managing Conservatorships are by far the most common structure for custody cases to take on whether it stems from a divorce or from a custody case.

A Joint Managing Conservatorship is what the name implies- a joint venture with the other parent wherein the parents share mutually many of the rights and duties listed in the Texas Family Code.

This is the default setting for Courts to place upon two parents as it is our State’s public policy to encourage parents to work together and to share in the child rearing responsibilities.

The defining differences between parents’ rights under a joint managing conservatorship is that one parent has the right to receive child support (and the other to pay child support) and one parent will have the right to determine the primary residence of the child whereas the other parent will not.

Otherwise, most rights and duties are split down the middle with no parent having the ability to play a trump card when it comes to the life of their child and the decisions that will impact that life.

FINAL DECREE OF DIVORCE

Divorce Lawyer in Houston – In a Texas divorce, the parties Final Decree of Divorce is the order that the Court will sign on and that will go into effect as the ground rules for parties to govern:

1. The dissolution of their martial estate as well as
2. The conservatorship
3. Possession and access and
4. Support of their minor child

POSSESSION AND ACCESS

In terms of possession and access to the child, the Court will enforce just about any arrangement that the parties agree to.

This is especially true if the parties have attended mediation together. Otherwise, a Standard Possession Order (SPO) can be achieved through a trial on the merits.

The specific breakdown of an SPO can be found in the Texas Family Code. A variation on the SPO is an expanded SPO wherein the non-custodial (the parent with whom the child does not reside with primarily) is entitled to an extension of the time afforded to them in the Texas Family Code’s SPO.

While there is nothing that strictly provides for “split” custody (unless a schedule is agreed to by the parties outside of Court), an expanded SPO gets parents very close to that sort of arrangement in terms of time allocation with the child.

SUIT AFFECTING PARENT CHILD RELATIONSHIP

If parents were never married and one parent wishes to have Court orders implemented regarding a child, then that person would file what is known as a Suit Affecting Parent Child Relationship (SAPCR) in either the county where they or the child resides.

WHO CAN FILE A SAPCR?

Divorce Attorney Houston – Under Texas Family Code Section 102.003 an original suit affecting the parent child relationship may be filed at any time by:

1. A parent of the child;
2. The child through a representative authorized by the court;
3. A custodian or person having the right of visitation with or access to the child appointed by an order of a court of another state or country;
4. A guardian of the person or of the estate of the child;
5. A governmental entity;
6. The Department of Family and Protective Services;
7. A licensed child placing agency;
8. A man alleging himself to be the father of a child filing in accordance with Chapter 160, subject to the limitations of that chapter, but not otherwise;
9. A person, other than a foster parent, who has had actual care, control, and possession of the child for at least six months ending not more than 90 days preceding the date of the filing of the petition;
10. A person designated as the managing conservator in a revoked or unrevoked affidavit of relinquishment under Chapter 161 or to whom consent to adoption has been given in writing under Chapter 162;
11. A person with whom the child and the child’s guardian, managing conservator, or parent have resided for at least six months ending not more than 90 days preceding the date of the filing of the petition if the child’s guardian… Continue Reading