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The attorneys at J Lowe Law have vast experience in dealing with Texas laws relating to child custody in divorce cases.
To understand Child Custody in Texas, you first need to understand the terms of “conservatorship,” “possession,” and “access.”
Conservatorship: In Texas, the legal word for custody is “conservatorship.” There are three types of conservators: Joint Managing Conservator, Sole Managing Conservator, and Possessory Conservator.
Joint Managing Conservator: In Texas, both parents are typically named joint managing conservators, which means that both parents share in decision-making about most issues, including education and healthcare. In most joint conservatorship orders, one parent will have the exclusive right to decide where the child lives. This parent is called the “custodial parent” and the child usually lives primarily with this parent. The other parent is called the “non-custodial parent.”
Sole Managing Conservator: In Texas, one parent can be named the sole managing conservator, who has the exclusive right to make most decisions about the child. Instances where a sole managing conservator may be appropriate include: family violence, child abuse or neglect, and alcohol or drug abuse.
Possessory Conservator: If one parent is named the sole managing conservator, the other parent is usually named the possessory conservator.
Possession: A possession order provides when a parent has the right to time with a child, which may entail a Standard Possession Order, Modified Possession Orders, or a Supervised Possession Orders.
Standard Possession Order: In Texas, the law presumes that the Standard Possession Order is in the best interest of a child age three or older.
Modified Possession Order: If the Standard Possession Order is not feasible or appropriate for your family, a modified possession order may be agreed upon by the parties and/or entered by the Court.
Supervised Possession Order: If there are concerns about the safety of the child, the judge can order that a parent’s time with a child be supervised (by a family member, neutral third party or agency).
Access: The term access relates to a parent’s right to visitation or shared custody. For example, if a parent has possession of a child, that parent must provide access to the child to the other parent.
If you are in need of a McKinney, TX family lawyer to protect your interests as it relates to child support in a divorce case, please contact J Lowe Law.