When it comes to access to your children, you want legal representation by your side that you can trust.
Texas law refers to child custody as “conservatorship.” If the parents of a child cannot agree on a mutually acceptable conservatorship, a family law judge will decide the terms of the conservatorship, who will be deemed custodian or “conservator” of the child and what rights and responsibilities will be delegated to each parent. The judge will base their decision on what they believe to be the best interest of the child.
The decisions that occur in child custody and visitation hearings determine your rights as a parent and when you can see your child. Having reliable legal counsel by your side has never been more important. The trusted family law attorneys at Scott M. Brown & Associates are here to protect your parental rights in all child custody and visitation matters.
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What child custody arrangements are available in Texas?
There are two types of child custody arrangements that the family law judge will consider in your case. The first is referred to as the joint managing conservatorship (JMC). In Texas, there is a presumption in favor of the judge establishing this type of conservatorship. Both parents share in the parental rights and duties of the child. This does not necessarily mean that each parent will be granted equal rights, responsibilities, custody, and visitation in regards to the child, but the judge will specify certain responsibilities the parents will either hold jointly or separately.
In order to overcome the presumption in favor of JMC, a party must show that it would not be in the best interest of the child. If this threshold is met, then a judge will award sole managing conservatorship (SMC) to one parent. This is sole custody where only one parent will be granted legal rights and responsibilities concerning the child.
You are probably wondering what exactly are the parental rights and responsibilities that are assigned when a conservatorship is established. They include:
- Access to the child’s medical, dental, psychological, and educational records;
- Ability to discuss the child with a physician, dentist, psychologist, or other health care professional; and
- Authority to make decisions regarding the child’s educational, religious, and moral upbringing.
The family law judge will also make a determination as to visitation. Visitation is referred to as “possession of and access to a child.” If parents cannot come to an agreement on a visitation schedule, the judge will determine the schedule for them. In most cases, both parents will have the right to physical custody of the child or have the ability to visit the child. If one party can prove that visitation or unsupervised visitation would risk harming the child’s emotional or physical well-being, the judge may order supervised visitation or no visitation for one parent.
If you are facing a child custody or visitation battle, contact us today to get the help of experienced family law attorneys.
Nothing is more important than our children. Make sure the best interests of your child and your rights as a parent are protected in all child custody and visitation matters. The dedicated family law attorneys at Scott M. Brown & Associates are here for you and your family. Call us today at (281) 612-8241 or go online.