Single parenting custody laws in Texas

Being the single parent of a child is a tremendous responsibility. You may have recently gone through a child custody or divorce case and now find yourself caring for a child without the assistance of a spouse or significant other. This can be a stressful and difficult time. However, it also allows you to build an enduring relationship with your child. Your ability to help your child grow up in a safe and stable environment depends on your knowledge of the law, your court orders, and your ability to co-parent.

In today’s blog post from the Law Office of Bryan Fagan, we are going to discuss the topic of single-parent custody laws in Texas. Raising a child as a single parent differs from how parents in dual-parent households function. No matter how positive you are about the changes you’ve experienced in your life the fact remains that there will be notable differences in how your child is raised in multiple households. Today’s blog post from the Law Office of Bryan Fagan will help you to identify potential problem areas as well as places where you can benefit the life of your child.

Any questions you have about the material contained in today’s blog post can be addressed to the Law Office of Bryan Fagan. Our team of experienced family law attorneys offers free of charge consultations six days a week. These consultations are a great way to learn how to provide stability and consistency in the life of your child.

What does Texas family law have to say about single parenting in Texas?

Beginning today’s blog post, the Law Office of Bryan Fagan will provide an overview of Texas child custody laws. The term custody does not appear even once in Texas family law. Rather, the state of Texas refers to custody laws as conservatorship. There are two different types of conservatorship arrangements in Texas. The first is joint managing conservatorship. The second is a sole managing conservatorship. Let’s examine the key differences between these two types of custody arrangements.

By far the most common type of conservatorship arrangement is a joint managing conservatorship. Under a joint managing conservatorship, you and your co-parent share in the decision-making authority for your child. This includes the ability to spend time with your son or daughter. In joint management of your children, you and your co-parent learn to share responsibility for the daily care of your child. However, it is standard for one parent to be named as the primary conservator who lives with your child during the school year.

The other type of conservatorship arrangement is a sole managing conservatorship. In a soul-managing conservatorship, one parent holds superior rights and duties concerning the child. For example, if you are named as the sole managing conservator of your child this means you have the lion’s share of decision-making authority. However, it also means that Most of the responsibility for the daily care of your child rests on your shoulders. Sole managing conservatorships typically come about in situations where one parent has displayed an inability to care for the best interests of your child.

Courts presume that joint managing conservatorships are in the best interests of your child

When making decisions on behalf of your child, a court must act in conformity with the best interests principle. The best interests of your child are the court’s attempt to place an objective standard on decision-making. Instead of simply making decisions that are based wholly on the judgment of the court, the best interest standard is one that incorporates several different areas of your child’s life into the analysis. Topics like safety, mental well-being, and educational outlook are considered in the best interests discussion.

As it pertains to the subject of custody in a single-parenting environment, it is presumed that a joint managing conservatorship is in the best interests of your son or daughter. This means that courts will go into your case leaning towards a joint managing conservatorship. It is possible to overcome this presumption, however. You must be prepared to present evidence that shows that your child’s best interests are served outside of a joint managing conservatorship.

Do you believe that your co-parent is ill-equipped to serve as a joint managing conservator of your son or daughter? If so, then you should consider reaching out to the Law Office of Bryan Fagan. It is a challenge to overcome the presumption in favor of joint managing conservatorships. You need to have a plan and specific evidence to show that a sole managing conservatorship or other arrangement is in the best interest of your child. The attorneys with the Law Office of Bryan Fagan are equipped to help you perform this type of work.

Establishing paternity must occur before single-parent custody

Suppose that you found yourself in the following situation. Your daughter is the center of your universe. Or at least, you plan for her to be when she is born. Until then you are doing everything possible to assist your girlfriend with the daily rigors of pregnancy. Preparing the nursery, helping prepare meals, and generally caring for your girlfriend are at the top of your priority list. Certainly, it feels as if you are doing everything it takes to help get ready for the birth of your daughter.

Although it can feel like you are in the perfect, nuclear family situation the fact remains that you as a single parent need to take additional steps to solidify your role in the life of your daughter. The most significant difference between single-parent custody and married-parent custody in Texas is that there is no presumption of paternity in single-parenting situations. If you are not married to the mother of your child, then the law does not presume that you are your child’s father. This presents several challenges. However, those challenges can be overcome if you have a plan.

Starting, you and your child’s mother can acknowledge paternity. This can be done in several ways. The simplest is for both of you to fill out an Acknowledgement of Paternity form to turn in to the state of Texas. Once completed by you and the child’s mother you will legally be that child’s parent. There is nothing further that would need to be done. However, if paternity is contested for whatever reason, then a petition to establish paternity must be filed in court. It is highly recommended that you have an experienced family law attorney to help guide you when participating in any legal action.

How are custody arrangements determined for single parents in Texas?

Custody arrangements for single parents are typically arrived at through negotiation. These negotiated custody arrangements typically serve the best interests of children better. The reason is that nobody knows your child or your circumstances better than you and your co-parent. It is much more agreeable to come up with parenting orders together through negotiation. The alternative is to have a family court determine these orders after a hearing or a trial. This not only takes time but also money to accomplish.

Single parents are probably familiar with the most challenging aspect of co-parenting. That being sharing custody with the person with whom you do not reside with. This presents several challenges when it comes to providing cohesiveness in the daily life of your child. Something as simple as making sure that your child’s homework gets done each night can be a challenge when your son is traveling back and forth between your home and that of your co-parent. Additionally, important topics like discipline and maintaining standards across households can be something you need to work on.

Fortunately, the attorneys with the Law Office of Bryan Fagan take seriously the entirety of your child custody circumstances. Our office does not only focus on the legal aspects of your case. We also do our best to help provide you with important information when it comes to the daily experience of your child. Truly, our attorneys focus on the best interests of your child and your family during representation.

Visitation schedules for single parents in Texas

Beginning with the subject of visitation, single parents have a great deal to consider. Families in Texas share visitation when living in separate households. No set amount of visitation is required to be ordered in a family law case. Rather, the best interests standard is applied to your case. A judge would consider what objectively seems to be in the best interests of your child. In the alternative, you and your co-parent can determine visitation orders through negotiation.

As you begin your child custody case as a single parent, an important consideration relates to when and where you can spend time with your child. A standard possession order in Texas contains visitation structures that allow the primary conservator of a child to be able to spend most of his or her time with the child. The nonpossessory parent has weekend visitation on the 1st, 3rd, and 5th weekends of each month. Visitation time for the remainder of the year is divided evenly between parents. Bear this in mind as you determine what visitation structure works best for your family. It may be that a more unorthodox and specially tailored visitation plan works best for your family.

When I come to this topic, it is best to reach out to an experienced family law attorney at the Law Office of Bryan Fagan. Our experienced family law attorneys know how to maximize your visitation opportunities with your child. The team of attorneys we have has served many families in your shoes throughout the Texas family law courts. A free-of-charge consultation with one of our attorneys is only a phone call away.

The importance of co-parenting as a single parent in Texas

Make no mistake, one of the most significant challenges you will face as a single parent in Texas is the ability to parent your child with your co-parent. This is otherwise known as co-parenting. In a co-parenting scenario, you and your child’s other parent must share not only the rights and duties concerning your child but also the responsibilities of raising your child daily. This comes down to simple circumstances which involve things like picking up and dropping off your children. On a practical level, this is as important as anything else that the two of you will work on together.

Co-parenting is a topic that receives a fair share of attention but is often overlooked, at the same time. For instance, you will read articles about the importance of co-parenting but will find little in the way of resources. Even the co-parenting courses available through the family courts do not always suit the needs of families like yours. Families tend to find that they have practical questions about coordinating the daily life of their children. As a single parent, you should consider these circumstances when pondering how to raise a child after your family law case.

Walk a mile in your co-parent’s shoes

Ultimately, co-parenting comes down to putting yourself in the other person’s shoes. Of course, you need to be able to defend your interests. For example, if your co-parent violates a court order you need to be able to hold him or her accountable. At the same time, it is important to show grace and patience with your co-parent especially if he or she is trying to find common ground with you about whatever circumstance you are dealing with. Families change over time. This should not be something that you shy away from. Rather, being patient with one another and focusing on your common goals is an important part of shared parenting as a single parent.

Modifying  child custody order as a single-parent

One of the most important steps you can take as a single parent is to modify your existing court order. This happens regularly in the world of Texas family law. The reason is that the circumstances of families tend to change regularly. When this occurs you and your family must adjust to the changing dynamics around you. This includes the possibility of changing your child custody order. It is difficult for a family to adhere to a court order that does not suit their current needs.

First, there needs to be a material and substantial change in circumstances that has occurred since the time of your last court date. Look at your existing court orders. Has there been a major change in your life, your co-parent’s life, or that of your child since that order was instituted? If so, then a modification may be in order. Specifying the circumstances in an affidavit attached to your petition is important. This will tell the judge exactly what your thoughts are regarding the proposed modification.

Next, the proposed modification must be in the best interests of your child. In other words, even if there has been a material and substantial change in circumstances you would still need to show that the modification you were asking for serves the best interest of your child. The best interests standard which we discussed earlier, dealing with the health, safety, and well-being of your child, are all considered. Having an experienced family law attorney can assist you a great deal in a modification case.

Final thoughts on single parenting custody laws in Texas

Being a single parent in a family law setting is both challenging and full of opportunities. The challenges revolve around raising a child with a co-parent. That co-parent may have different ideas than you about how to best raise your child. However, it is not as if you can ignore the concerns of that parent. On the contrary, your child’s best interests are served when you can work together as a team. After all, the court presumes that your child is better off in a joint parenting circumstance.

The opportunities that come with single-parent custody in Texas are related to an increased ability to develop a strong relationship with your child. Many children would like nothing more than to have a relationship with both of their parents. You find yourself in a unique position where you can both conquer the challenges and take advantage of the opportunities in helping to raise your child. The attorneys with the Law Office of Bryan Fagan thank you for spending time with us here on our blog.

Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan

The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.