When it comes to Texas child custody cases, one of the biggest misconceptions that people have is that custody is only related to the time that you and your Co-parent can spend with your children. Rather, custody is a general term that is used to refer to several different subjects related to your children including possession, visitation, access, and rights and duties associated with your kids. You must be aware of this as you begin a child custody or divorce case.
Another surprising part of this discussion is that the term custody does not show up in the Texas family code even one time. Rather, the term custody is a catchall term that references All of these subjects to limit the number of words that have to be used in connection with this subject. It is cumbersome to have to use multiple words to describe something related to your children. Rather, custody is a general term That is used to reference subjects related to your kids in connection with the family law case. Everyone connected to the world of family law knows what child custody means but to truly understand this subject it is important that we discuss more about what conservatorship means as it pertains to your case in the life of your child.
A breakdown of conservatorship issues for Texas families
Conservatorship refers to the ability of one person to be able to make decisions on behalf of another person. A person can be the conservator of another adult. Or, more commonly an adult can be the conservator of a child. You and your Co-parent are currently conservators of your children even if there is no legal document that states as much. However, once you go through a divorce or child custody case there will be court orders which place concert and conservatorships rights in your name and that of your Co-parent.
The purpose of a child custody case is to establish court orders for you and your co-parent to be able to effectively parent your child. Parenting your child is not just about spending time with your child, however. That is the subject that comes up frequently when we discuss topics related to children, but it is not the be-all-end-all of your case. Rather, there is a range of subjects that are related to conservatorship that will come up in your case.
In today’s blog post we are going to discuss each of those areas of a conservatorship case. Additionally, we would like to share with you some information about how to approach these different areas as well as opportunities to be able to negotiate with your co-parent when appropriate. We understand that issues related to your children are incredibly important to you. However, believing that a subject is important to your life but not having a plan to attack that subject would be a major mistake.
Hiring an experienced family law attorney to assist you in this matter impacting your life should be something that you consider strongly. An attorney is a short-term investment into the long-term future of your relationship with your child. The attorneys with the Law Office of Bryan Fagan are uniquely suited to help you and your family in whatever child custody circumstances you are facing.
Educational decisions on behalf of your children
One of the most important areas of any parenting plan when it comes to educational decision-making right it’s become a major part of your case are rights associated with making educational decisions on behalf of your children. whether these are decisions related to where your child should go to school, specialized classes he or she may need to take, or other decisions regarding their education you and your Co-parent will share in the decision-making authority when it comes to your child. Depending upon those circumstances you and your Co-parent may hold these rights together, independently of one another or exclusively.
Depending upon the age of your child and their current circumstances educational decisions may be among the most important that you must make on behalf of your child. We just finished a time where you and your Co-parent likely had to make decisions on behalf of your child about, whether we’re in school and even keeping your child out of school completely due to the pandemic. While the decisions that you make in the future, but your child’s education may not seem to be as critical as anything you’ve done in the past few years, it still rings true that you need to be intentional about how you approach this subject.
For example, if your child has any special educational needs then it will be wise for you to learn as much as possible about those issues and how they may impact the way that your child learns. In a situation where you and your Co-parent are both trying to be named as primary Conservatory children then any advantage that you can gain as far as specific knowledge of your child’s study habits, personal history in working with your child’s teachers, and knowledge of his conditions can all make a difference when it comes to determining primary conservatorship rights.
Medical decisions on behalf of your children
The other major area where you will be responsible for making decisions on behalf of your children is their health care. Depending upon the circumstances of your child you may be in regular communication with their doctors, therapists, and other medical professionals. This is important for us to talk about in this setting because if you are not thinking long and hard about the need to make decisions on behalf of your child with their medical situation and that is a major mistake. Being able to take charge of your Child’s healthcare-related decisions is a major part of being a parent. It would be a mistake only to consider your child’s life from the standpoint of time spent with your child. Rather, you should consider all facets of your child’s life.
For instance, suppose that your child needed elective medical care that was some sort. Sure, she may have surgery that is upcoming which is optional but recommended by your doctor. If you and your Co-parent disagree on how to handle this condition, then issues related to health care decisions would be incredibly important for you all to sort out in your family law case. Do not assume that every parent in your position gets to voice their opinion on matters related to health care and health care decisions. Rather, some parents have limited involvement in their child’s health care decisions for a range of reasons. If you want to avoid being one of those parents, then you need to develop a strategy for being able to assert yourself regarding your child’s daily medical needs.
being named as the primary conservator of your child likely requires you to have experience working with your child’s health care professionals in providing care for him or her. This is especially true if your child requires regular care or visits to the doctor. A judge would probably not be all that excited about naming you as the primary conservator of your child if you have never fulfilled that role previously. Rather, you should provide as much information as possible about your role in caring for your child’s health when it comes to presenting arguments for primary conservatorships. While there is no way to guarantee a certain outcome in child custody-related matters it is always good to be able to assert that you have experience in the most important decision-making areas of your child’s life. Their health in their education is arguably the two most important areas of your child’s life that you need to be familiar with. The more experience you have with these the better off you will be when it comes to trying to position yourself for conservatorships rights.
The benefits of hiring an experienced family law attorney regarding conservatorships issues
When it comes to your child conservatorships in custody circumstances, you can never be too prepared. As I tell clients and prospective clients frequently you can wander into a family law case, but it is difficult to wander out of one. Rather, you need to be certain that you have developed a strategy that is intended to help you accomplish your goals in a family law situation. However, not understanding the basics of a case award and not being able to position yourself about child custody issues can be a difficult realization for many parents in your shoes. However, hiring an experienced family law journeyer can help you to develop goals and understand the most important parts of a family law case.
Some of you reading this blog post may be skeptical that hiring an attorney is worth the money. I have heard from many people over the years that hiring an attorney is not only unnecessary but also not a good use of your limited resources. These folks will argue that since there is no guarantee of success when hiring an attorney, you are better off using that money elsewhere.
My response to someone who would make this argument is that hiring an attorney is a short-term investment into the future of your family and your child. Hiring an attorney will cost you money. However, along with hiring an attorney to advocate for you in the courtroom, you are also hiring a professional who can and should wear many hats along the way during the process of your family law or child custody case. An attorney should have the heart of a teacher and should be someone who could walk with you through the difficult stages of a case. If you are having issues understanding the most important parts of a family law case and developing a strategy for accomplishing goals, then hiring a lawyer can be an extremely effective way of accomplishing these objectives.
One of the most complicated and difficult aspects of a conservatorship or child custody case is to create a possession schedule that not only suits you but also works well for your child. The reality of this circumstance is that although the schedule and preferences of your Co-parent may not be top of mind for you when creating one of these schedules the ability of your Co-parent to be able to exercise possession of your child is essential when developing a custody plan. As a result, you and your Co-parent will need to work together on this subject whether you like it or not.
If either of you has an abnormal work schedule or your child has an atypical schedule then you and your Co-parent will need to be flexible in creating whatever schedule you all ultimately arrive at. Many times, it takes some creative thinking to come up with a schedule that works well for all parties. Having an experienced family law attorney will allow you to think outside the box I’m considering subjects related to your children like a possession schedule. You can rely upon your attorneys’ experience level and time spent serving clients just like you when it comes to creating a position schedule that works well for all parties involved.
the last thing you want to do is to accept a possession schedule but there’s not necessarily work for you if only because it provides you with slightly more time with your children or allows your case to finish up slightly sooner. This would be a mistake because there is a good chance that you will not be able to fulfill your obligations under the custody order it may end up back in court either in an enforcement or modification case in the future. This is something you want to avoid at all costs. Rather, it is much wiser for you to take the time to be diligent about preparing custody orders that work well for your family now and in the future.
Additionally, child support is frequently an issue that arises when you consider cases related to conservatorships. Likely, either you or your Co-parent will have the right to receive child support from the other one period because of this, calculating net monthly income and taking into consideration the specific needs of your children are extremely important in arriving at a suitable figure for the child support. In most circumstances, you will not have all the information necessary at the beginning of a case to calculate the net monthly income for your spouse or Co-parent. In that case, you will need to be able to request documents and otherwise do some digging to determine the true income of your Co-parent. This means that discovery will have to be filed for and someone will then have to review the responses of your coherent.
for that reason, having an attorney available to you to both request discovery, keep your Co-parent on schedule with returning responses as well as going through all their responses in a timely fashion is extremely important. An attorney can craft well-worded questions, determine whether objections are appropriate in each situation, and generally hold your Co-parent accountable. It is not always straightforward to arrive at a figure for child support that is correct and in the best interest of your child. However, having an attorney available to you can assist in getting you all to the point where your child can be well served by the Child Support that is paid in your case.
Final thoughts on conservatorship cases in Texas family law
The bottom line is that family law cases revolve around conservatorships questions. while no two-family law cases are exactly alike certain patterns tend to be followed in the world of family law. With that said, it is important 2 to know what your needs are regarding a family law case and to pursue representation that will help you meet those goals.
An attorney in family law who serves their clients well has the heart of a teacher, our patient, understanding but also holds their clients accountable. By interviewing potential representatives, you can learn more about the lawyer in their practice. That way you will become more comfortable with what it means to hire a lawyer and in finding a lawyer who suits your needs specifically. At the Law Office of Bryan Fagan, we recommend interviewing at least two attorneys before deciding on which to hire. However, it’s our opinion that you will not find any better group of attorneys in Southeast Texas than those with the Law Office of Bryan Fagan.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week in person, over the phone, and via video. These consultations can be a great way for you to learn more about the world of Texas family law as well as about how your family circumstances may be impacted by the filing of adivorce or child custody case.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
