Experienced Child Custody Help From an Attorney You Can Trust
Family legal issues of any kind can be frightening and even heartbreaking. Child custody issues, on the other hand, can be even more emotionally charged. Because no two custody cases are alike, there are a number of considerations that must be made in each unique situation.
Determining what kind of custody arrangement will be made can be an intense process, especially if you and your ex-spouse disagree over how your children will be cared for. If you are considering getting a divorce and have children with your spouse, or you are currently involved in a custody case, it is critical that you consult with an experienced North Texas child custody lawyer.
Conservatorship vs. Possession and Access
In Texas, there are two types of custody: conservatorship and possession
and access. Basically, this refers to “physical” and “legal” custody. Possession and access is the physical custody of a child, while conservatorship refers to making important legal decisions for the child regarding issues like education, medical care, and more.
The court takes several factors into consideration when determining what physical and legal custody arrangements would be in the best interests of the child. A judge will evaluate the stability of the home offered by each parent, as well as the ability of each parent to provide financially for the child. Considerations will also be made for the child’s preferences if he or she is over the age of 12, the physical and mental capacity of each parent to care for the child, the proximity of each parent’s home to the child’s school, and the ability of the parents to cooperate with each other for the child’s well being.
Sole Managing Conservatorship
In a sole managing conservatorship, one parent decides where the child will live. The parent also has the responsibility to make legal decisions for the child. If one parent is the sole managing conservator, the courts consider the other parent to be what is known as a “possessory conservator.” The latter type of conservator has scheduled “visitation” with the child, which is called “possession and access” in Texas.
Joint Managing Conservatorship
In a joint managing conservatorship, both parents share the responsibility of making important decisions for the child, and both parents have possession and access. Which parent is responsible for making what decisions and which decisions both parents must make together should be outlined in a parenting plan.
Texas Parenting Plans
In many cases, a parenting plan becomes a necessity in order to formally record how the parents have decided to split or share parenting responsibilities. A parenting plan generally includes information on which parent decides where the child lives, the responsibilities of each
parent regarding the care and financial support of the child, as well as a possession and access schedule. When both parents have agreed upon a parenting plan, it can be submitted to a Texas family court and made into a court order.
Take Action When it Matters Most
— Contact an Experienced Texas Child Custody Lawyer
Preston Park is a family lawyer who is experienced in Texas child custody cases. He can provide you with the zealous, trustworthy legal representation you need when a custody case threatens to become overwhelming. He will strive to protect your rights and the best interests of your children under the law, and will work tirelessly to increase the chances of a resolution in your complete and total favor.
If you are involved in a custody case or are simply considering the possibility of a divorce, contact Preston Park today to discuss your legal needs. He is available now to assist you and your family.
For more details see my post on Texas Child Custody Laws.