Child Custody and Conservatorship in Texas - What You Should Know

 Posted on June 02, 2023 in Child Custody

 Child custody or visitation pertains to the legal process determining how much time a child spends monthly with each parent after a divorce. Texas child custody laws can be complex and stressful to navigate. The final terms are determined by a judge, which can differ on a case-by-case basis. 

How Texas Describes Child Custody Issues

Conservatorship refers to the duties and rights of the parents when it comes to making important decisions for their children. This includes their schooling, medical decisions, religious decisions, etc. In this case, the parents can decide to allow one parent to make all the decisions (Sole Managing Conservatorship) or allow both parents to (Joint Managing Conservatorship). When the court is deciding the rights and duties of a parent, it takes several factors into account. 

Access or possession refers to physical child custody or when a parent can visit a child. They can opt for either standard or extended standard visitation schedules in Texas. But they can customize the schedules per their needs, or the court can do so based on the child's best interests. 

The Rights of a Conservator

A parent or individual granted sole custody of a child is called a Sole Managing Conservator in Texas. Unless the court deems otherwise, they have the right to:

• Designate the primary residence of the child

• Consent to a psychological or psychiatric treatment

• Consent to surgery, medical and dental treatments, including invasive procedures

• Represent the child in legal cases and make other legally significant decisions concerning the child

• Receive and provide receipt of regular payments for child support or disburse the funds for the child’s benefit

• Make decisions regarding the child’s education

• The earnings and services of the child

• Consent to marriage and for enlistment in the United States armed forces

A Joint Managing Conservator refers to parents who share parental rights and duties. In this case, they share a set of duties either exclusively, independently, or jointly. Please remember that children cannot decide which parent they wish to live with till they turn 12 years old. 

Contact a Collin County Child Custody Lawyer 

A divorce is challenging for ex-spouses but can be ten times more difficult for children. If you cannot find common ground regarding their care, contact Collin County child custody attorneys at the Law Office of Linda Risinger. Contact us for a free consultation by dialing 972-294-6533. 

Source:

https://guides.sll.texas.gov/child-custody-and-support