Child Custody Lawyers in Texas
Legal battles concerning you children can be one of the most difficult, emotional, and stressful things you will ever go through. Fighting can be time consuming, expensive, and emotionally draining and harmful to you and your children. Unfortunately, this can not be avoided and must be done to obtain a result that is in your child’s best interest.
If that is the case, I would be happy to assist you through the process. It is essential that you have an attorney that can explain the law and help you understand the pertinent facts to achieve the best outcome possible.
A child who is 12 years old or older can make a statement on who they would like to be the managing conservator. This is not binding, which means that the Court can still rule against the child’s choice if the Court finds that would be in the child’s best interest. Even though the court can rule against the child’s decision, it can still be incredibly persuasive to a Court.
Should I Seek Sole Conservatorship?
There are four distinct and separate issues pertaining to your children:
- Possession and Access
- Rights And Duties
Texas law presumes that both parents will be made joint managing conservators. This presumption can be overcome in instances of drug abuse, alcohol abuse, or domestic violence affecting the children. In those instances, one parent may be named the sole managing conservator and the other parent will be named the possessory conservator.
However, keep in mind that the title of sole or joint conservator does not necessarily affect the other issues pertaining to your children. For example, both parents might be joint managing conservators but one might have certain rights and duties, additional periods of possession or child support obligations. There are multiple moving parts to a custody case, and it is important that you understand all of them.
What Sort of Visitation is Usually Awarded?
There is a presumption that a Standard Possession Order is best for children age 3 and older. You can review the details of a standard possession order (HERE). A judge can give you a different schedule if good cause is shown. Additionally, the parents can always agree on some other possession schedule and the Judge will likely approve such a schedule. This is usually the result of mediation or informal settlement discussions between the parents and their lawyers.