Child Custody Lawyers
FORT BEND COUNTY CHILD CUSTODY LAWYERS
WORKING TO HELP YOU ACHIEVE OPTIMUM CUSTODY ARRANGEMENTS IN FORT BEND COUNTY, HARRIS COUNTY & SURROUNDING AREAS
Texas family law defines child custody as “conservatorship.” Under this law, the primary consideration in any custody decision is “the best interest of the child.” Many factors can impact the decision-making and access rights of a parent to his or her child in the event of separation or divorce. However, Texas courts have established public policy that favors “frequent and continuing contact” with parents who have shown their willingness and ability to do what is best for their child(ren) and who have provided stable homes for them.
At Bastine Law Group, we understand that the issue of custody and visitation can be one of the most stressful and divisive issues in family law because of the intense emotions attached to the parent-child relationship. Whether you are involved in a current custody matter in a pending divorce or a post-divorce need for custody modification or enforcement, we will work to help you create the best possible situation for you and your children.
WE PROTECT YOUR BEST INTERESTS
WHAT DOES CONSERVATORSHIP IN TEXAS MEAN?
Conservatorship defines the rights and responsibilities a parent is granted by courts in connection with his or her child(ren). Courts can grant conservatorship to either one parent or both depending on the facts of the case. As mentioned above, however, courts prefer children to have the benefit of a relationship with both parents where possible.
A conservatorship gives a parent the right to make major decisions related to the child’s life, from health to schooling, religious upbringing, extra-curricular activities, and more. It also gives a parent the right to have physical access to the child, such as having the child live with the parent or the parent having visitation rights.
TYPES OF CONSERVATORSHIP
Three types of conservatorship exist that may be used by courts as follows:
- Joint managing conservatorship. This is when parents share in the rights and responsibilities of parenting their child(ren). In these cases, the courts will indicate the specific rights and responsibilities each parent has jointly and separately. For example, one parent may be designated as the “custodial” parent with whom the child will mainly live while the other parent will be granted some type of visitation rights. All other decisions may be held jointly.
- Sole managing conservatorship. This gives one parent only the right to decide life issues for the child including regarding a child’s primary residence.
- Possessory conservatorship. This is generally associated with visitation rights. It allows the parent to spend time with a child as well as gives the parent access to important information about the child. It also allows the parent to attend extracurricular activities or other events involving the child.
In the majority of cases, a joint managing conservatorship (JMC) is awarded. This gives both parents physical and legal rights to a child. Only in cases where it is viewed unsafe for a child is sole managing conservatorship awarded. This generally occurs in cases where a parent has a history of domestic violence, child neglect or abuse, substance abuse, or where a parent is incarcerated or cannot care for a child due to some circumstance.
Request a confidential consultation with one of our Fort Bend County child custody lawyers by contacting us online or at 346-603-5757.