Child Custody Issues

 Posted on July 19, 2016 in Child Custody

In Texas, the legal rights and responsibilities of a parent who retains custody of a child is referred to as a conservatorship. Although a family law judge can set the terms of a conservatorship, it is much simpler and less stressful if the parents can come to an agreement outside of the courtroom, so if you are considering a divorce, it is important to contact an experienced complex child custody attorney who can help explain your options.

Types of Conservatorships

There are two main types of conservatorships, or custody arrangements in Texas, including:

• Joint managing conservatorship; and
• Sole managing conservatorship.

Joint Managing Conservatorships

In a joint managing conservatorship, both parents share certain rights and duties, including the right to:

• Obtain information from the other parent about the child’s health, education, and welfare;
• Speak to a doctor, dentist, or therapist about the child;
• Consent to emergency medical, dental, or surgical treatment if there is an immediate threat to the child’s safety or health;
• Speak to school officials about the child’s welfare, educational status, and school activities; and
• Have access to all of the child’s medical, educational, dental, and psychological records.

While both parents have these rights in this type of custody arrangement, judges may still award the exclusive right to make certain decisions to one parent if it is in the best interests of the child. Furthermore, establishing a joint managing conservatorship does not mean that both parents will automatically receive equal access to the child. Visitation and physical custody matters are ultimately decided in a separate document, known as a standard possession order.

Sole Managing Conservatorships

A sole managing conservatorship means that the court grants one parent the right to make certain major decisions regarding the child, including the right to:

• Determine the location of the child’s primary residence;
• Consent to medical, dental, and psychiatric treatment;
• Attend school activities;
• Receive child support;
• Be designated as an emergency contact; and
• Make decisions about educational matters.

Whether the custody arrangement is solely or jointly managed, courts are required to sign off on any agreement before it can be enforced. Although courts take into account the wishes of the parents, their primary goal will be making a decision that is in the best interests of the individual child.

Cases involving child custody often become contentious or drawn out due to unforeseen complexities. This can be expensive for both parties and emotionally distressing for any children, so retaining the services of a dedicated Georgetown complex child custody attorney who will aggressively protect your interests is vital. If you or a loved one are involved in a custody dispute in Austin, Texas or the Round Rock, Georgetown, Cedar Park, and Leander areas, please contact Powers Kerr & Rashidi, PLLC at 512-610-6199 and a member of our legal team will help you set up an initial consultation.

Sources:

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.153.htm

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.263.htm