Types of Child Custody Arrangements |
Posted: September 21, 2021 |
Photo by Jon Flobrant on Unsplash In Texas, child custody is divided into two categories: conservatorship, and possession and access. If you have children and have made the decision to move forward with a divorce, it’s important to understand what each of these categories means and how they will affect you and your soon-to-be-ex-spouse moving forward. But first, let’s go over what child custody is and how it generally works in Texas. What is Child Custody? “Child custody” is a legal term used to describe a parent’s hands-on relationship with their child after a divorce is finalized. Child custody can apply to unmarried parents, as well. When it comes to child custody, the courts will always try to make a decision that is in the child’s best interests. This is outlined in Section 153.002 of the Texas Family Code. What is a Conservatorship in Texas Child Custody? A conservatorship grants parents the right to make decisions for his or her child regarding their residence, education, and healthcare. However, this is not an exhaustive list; it can also extend to religious decisions, travel, and the use and/or need for mental health services. A conservatorship can either be given exclusively to one parent through a Sole Managing Conservatorship, or a Joint Managing Conservatorship, which extends to both parents. A Sole Managing Conservatorship may be awarded in cases where the other parent either abused and/or neglected the child(ren) or displayed violence toward anyone in the household. What Does a Possession and Access Order Mean in Texas? A possession and access order is issued by the family court and governs the non-custodial parent’s child visitation rights. If parents live 100 miles apart or less, then the non-custodial parent will have visitation rights with their child on the first, third, and fifth weekends of each month between the hours of 6:00 pm on Friday and 6:00 pm on Sunday. Non-custodial parents are also allowed to have 42 visitation days during their child’s summer break. Like the schedule above, this only applies to parents who live 100 miles or less from one another. Types of Child Custody in Texas In Texas, child custody can be split into several categories, including:
These types of child custody arrangements will depend on several factors, which are outlined below. Factors Considered in Texas Child Custody Cases As mentioned above, the courts will make a decision on child custody based on what is in the child’s best interests. However, in order to do this, the courts will analyze the following factors:
The courts will also take the time to determine whether or not each parent truly wants custody of their child, or if they’re simply pursuing a child custody arrangement to hurt their soon-to-be ex. While this is not an exhaustive list, these are the most common factors the family courts in Texas consider when it comes to determining a child custody arrangement. In many cases, it’s preferred for both parents to communicate with one another and devise a child custody agreement themselves; however, hiring an experienced family law attorney can be beneficial if a resolution is not possible between the parties.
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