One of the most emotional and difficult decisions parents have to make after a divorce is “child custody”. Since both parents have an equal right to get custody, disputes occurring around this area are quite common.
In some cases, one parent might fight to get sole custody of the child, while in other cases, both parents respect the child’s best interest and emotional health by deciding to get shared custody.
As it is a very sensitive issue and will affect your child’s future, you must dive into the crucial information to make a sound decision. We will be going over the two types of child custody that Managing Partner Tyler Monahan of Turner Monahan PLLC explains in the video.
You can get a free consultation from Turner-Monahan, PLLC., Fort Worth, Texas: https://tumolaw.com/contact-us/
What is custody?
Let’s start by understanding the term “custody”. It describes the legal relationship between a parent or a guardian and the child. The court’s order enforces this. In Texas law, this term is interchangeably used with “conservatorship”.
If you do not have the court’s order, then legal custody has not been claimed. When the case is presented before the judge, the person given the custody is known as a “conservator”. Under the Texas Family Code, the court can appoint both parents as conservators. Thus, it will be joint managing custody or shared custody.
In other situations, if the court finds one parent to have been violent in the past or is involved in something that goes against the child’s best interest, then the other parent could be appointed as the sole custodian or conservator.
According to the Texas Family Code, Chapter 153 Section 002, when determining the issue of conservatorship, the court’s primary consideration will be to see the child’s best interest.
There are multiple cases in which the court can order custody, such as:
- Divorce
- Paternity Case
- Family violence
- Parent-child relationship (SAPCR case)
Here are some of the factors that the court will consider determining the “best interest” of the child:
- Needs of the child, both physical and emotional
- Parental abilities and home environment of each parent
- Future plans that the parents have for their child
- Previous evidence or cases of domestic violence or child abuse
If you want assistance regarding child custody or need any legal service, hiring a highly specialized attorney in family law will be practical and conducive. Managing Partner Tyler Monahan of Turner Monahan PLLC is a Fort Worth attorney who can help you cover all the nitty-gritty related to child custody and represent you with your custody matters.
Sole Managing Conservatorships
Sole managing conservatorship, also known as managing conservatorship, is where one parent has all the decision-making privileges as he or she has both legal and physical custody of the child. This means that they have the right to make decisions such as:
- Medical
- Dental
- Surgical
- Psychological
- Psychiatric
- Education
They also have the right to decide whether they will join the military early or the age of getting married. In sole custody, the parent excluded from any decision-making does not possess any rights in any of these areas.
A rebuttable presumption regarding shared custody exists in Texas. However, there are reasons due to which the court might order sole conservatorship.
According to Texas Family Code, Chapter 153, Section 004, all evidence will be gathered regarding abusive physical force before appointing a party as a sole conservator.
The absence or neglect of the child by a parent could also lead the court to determine that the parent is just not in a position to make proper decisions on behalf of the child.
Joint Managing Conservatorships
Almost 95% of cases are joint managing conservatorship. It is when both parties have either a right to make a decision or a right to be consulted. The parents will share decision-making regarding education, healthcare, and most of the crucial life aspects.
Moreover, they will split their child’s time equally that he or she will be spending with each of them. The “possession order” will be the legal documentation that will clearly define the terms and conditions regarding each parent’s right to time with his or her child.
The parent with which the child will be residing will be known as the “custodial parent”, while the other one will be called the “non-custodial” or a “non-primary” parent. In joint conservatorships, the child’s residence is restricted. This is to protect the child so that they will always remain within the distance of either parent.
Are you in a joint managing conservatorship and want to move your child from Texas to another state? For this, you will have to file a petition to modify and bring that to the court.
Before you move forward with the request, take your time and consult an attorney to know about the ins and outs as well as the likelihood of the court order that lifts the geographic restriction under the Texas Family Law.
Get Expert Help from a Fort Worth, Texas Divorce Attorney
The information stated acts as a brief regarding the complicated and delicate nature of the “child custody” issue. The subject and laws are complex and convoluted. You can hire an experienced and expert attorney who has a firm grip on family law to assist you. For more information on child custody, or click here to find out more about our services.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
