Dallas-Fort Worth Metroplex Child Custody/Visitation Lawyers
Child Custody (Conservatorship)
Whether you are attempting to obtain custody, or conservatorship, of your child or children in a divorce or through a suit independent of a divorce, the attorneys at Turner-Monahan, PLLC have the experience, knowledge and skills to represent you with your custody matters. (Texas Family Code CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS)
Managing and Possessory Conservatorships
Texas courts provide duties, rights and roles for parents as it pertains to the custody or conservatorship of a child or children. In Texas, there are two types of conservatorships: managing and possessory. Depending upon the situation, parents can be named managing conservators, and essentially the parties enjoy all of the rights and responsibilities normally associated with being a parent. Managing conservators have the right to manage the child’s or children’s affairs and the right to access and possession of the child or children. However, possessory conservators essentially only enjoy the right of access, or visitation, with the child or children under a defined schedule. A court generally must appoint a parent either a managing or possessory conservator, unless the court finds that in doing so, it would endanger the physical or emotional welfare of the child and it is not in the best interest of the child. In rare circumstances of abuse or endangerment, a court can, and may severely restrict, or even terminate, a parent’s right to access and possession of their child or children. (Texas Family Code Sec. 153.006. Appointment of Conservator)
Joint and Sole Custody (Conservatorship) in Texas
Under Texas law, there are also two types of managing conservatorships: joint and sole managing conservators. Under a joint managing conservatorship, parents share the rights and responsibilities of a managing conservator. As joint managing conservators, one parent will be named the primary conservator who has the right to designate primary residence of the child, and the other parent is given a visitation schedule. However, under a sole managing conservator, only one parent has the rights and responsibilities of a managing conservatorship, while the other parent may have access and possession rights to the child or children. Under Texas law, there is a presumption that it is in the best interest of the child for the parents to be named joint managing conservators. However, a court can and may vary from this presumption with evidence that one or both parents are not suitable and in the best interest of the child to be named joint managing conservators. (Texas Family Code Sec. 153.005. Appointment of Conservator)
If you are a Father wishing to fight for your right to have your children live with you click here for more information regarding your rights.
If you are a Mother wishing to fight for your right to have your children live with you click here for more information regarding your rights.
Child support is another issue that will be determined in your divorce or child custody case. Every parent has a legal obligation to support their child(ren). Once a parent is named the custodial parent of the child, they will be entitled to receive child support payments from the non-custodial parent. Likewise, a parent who is named as a non-custodial parent will have an important obligation to pay child support. For a more thorough discussion of child support click here.
The attorneys at Turner-Monahan, PLLC have extensive experience in the area of child custody and visitation. Call us today to speak to an attorney about your child custody matter at 817-332-4477 or send us an email.
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