Examining the rights and duties of Texas Parents

Are you set to embark upon a child custody case in Texas? Whether it is a part of a divorce or a standalone case, child custody matters in Texas can be complicated. Having as much information as possible as you head into a case is critical to success. The more prepared you can be the better the life of your child after the case. With so much information on the Internet, it can be not easy to know what sources to trust. Where can you begin to learn the most critical pieces of information about Texas family law?

The Law Office of Bryan Fagan represents parents just like you across the state of Texas. We understand the challenges that come with a child custody case. As part of a child custody case, understanding the rights and duties of a parent is the best place to start your analysis. In today’s blog post, we are going to focus our attention on examining the rights and duties of Texas parents. While every family law case is unique there are certain aspects to a case that are universal. Our attorneys will work with you to discover what those aspects are and what you can learn about them before your case begins.

Parenthood comes with challenges and opportunities

Any parent can tell you that parenthood comes with specific challenges and opportunities. Being able to raise your child and tangibly impact their life matters a great deal. Many parents find that a family law case makes their role in a child’s life even more impactful and important. The last thing you would want to do is take for granted the role you have to play in the life of your child. As a result, now is a terrific time to begin to focus on the critical issues of your case.

Even within a family law case, there are opportunities for you to better the life of your child. If you are being completely objective, you may conclude that your child’s life could be better in certain regards. Certainly, the relationship that you have with your co-parent could be improved considering your history together. As a result, you can look at the family law cases and opportunities for you to learn more effective co-parenting skills and to develop a better working relationship with your co-parent.

At the same time, being able to manage the challenges of a co-parenting relationship means a great deal. There are some difficulties that you will encounter when it comes to your daily life as a co-parent. Communication, negotiation, and patience are all key to this relationship. Unfortunately, trying to learn those skills during a stressful family law case is not ideal. However, that is the exact set of circumstances that you must face at this time.

Parental rights and duties are found in the Texas Family Code

The Texas Family Code contains the specific rights and duties that a parent can have under the law in Texas. Rights relate to the ability to make decisions on behalf of your children. Some of the more common areas where a parent has rights relating to their children are the right to determine their primary residence, educational decisions, and medical decisions. In a child custody case, so much of the attention is placed upon the ability to spend time with your children. However, parents need to focus on the ability to make decisions on behalf of their children, as well.

On the other hand, parents also have duties and obligations to their children. On a most basic level, these duties relate to providing your child with clothing, food, and shelter. These are otherwise known as the essentials for your child. As part of these responsibilities, one parent likely has the responsibility to pay child support. The other parent then has the right to receive that child’s support. Honoring your co-parent’s time in the possession of the children is another important obligation that you and your co-parent have.

The rights and responsibilities of being a parent are not exhaustively laid out in the Texas Family Code. Your ability as a parent to care for your child is not limited by the Texas Family Code. However, you can view the rights and duties in the Texas Family Code as a minimum list of those rights and duties. Understanding these obligations is a crucial part of parenting. They are helpful to keep you and your co-parent working together to further the best interest of your child.

Managing versus possessory conservatorship

Texas uses a different language than many other states when it comes to parental rights and duties. Other states refer to these as custody rights and duties. In Texas, we are familiar with referring to child custody, as well. However, in Texas, we use a different word in our family code. That word is conservatorship. Simply put, conservatorship refers to the ability of an adult to care for the interests of another person. In this context, you and your co-parent are conservators of your children. There are two different types of conservators under Texas family law.

The first conservatorship role is a managing conservator. This is the parent who can determine the primary residence of the children. As the managing conservator, you live with your children and have a superior position as far as decision-making authority. While you have more possession time with the children you also have more responsibility as far as day-to-day decision-making is concerned. Much of the school year is spent with the children in your home.

A possessory conservator retains rights and duties to the children although and fewer number than the managing conservator. The possessory conservator has visitation rights. This is as opposed to having primary decision-making on the residents of the children. Additionally, a possessory conservator is usually the non-custodial parent who pays child support. Both the possessory conservator and the managing conservator play crucial roles in the lives of your children. Your ability to be named as either possessory or managing conservator depends in large part on the role you have played in your child’s life to that point in time.

Preferences of the child- do they matter?

One of the great misnomers of a Texas child custody case has to do with the desires of the child when it comes to possession and visitation. The belief that many people incorrectly hold relating to this subject is that your child can determine who he or she lives with on a full-time basis. All a parent must do is request that the child speak to a judge and the case pretty much ends there. The child will voice their opinion, and the judge must listen to that opinion and make a decision. Is it as simple as that?

Not quite in fact, you are looking at a situation where, at best, the opinion of your child is only one piece of information that a judge would consider when making determinations on primary conservatorship. More specifically, if your child is 12 years of age or older he or she can voice their opinion to a family court judge about the issue of primary conservatorship. The judge would speak to the child about the issue of primary conservatorship and related subject matter. Neither you nor your co-parent can be present for this conversation.

Children under the age of 12 may also speak to the judge. However, it is optional as to whether a judge would speak to a child of this age. In any event, the opinion of your child on this subject is not one that necessarily matters any more than other available evidence. Depending upon the judge the opinion of your child on the subject may matter not pretty much at all. Certainly, it is rarely the deciding factor in a child custody case.

Parental involvement in the life of the child

What has your role been in the life of your child? Have you been the primary caretaker for him or her? Or have you been a parent who plays less of a day-to-day role? The answer to these questions will determine in large part what your conservatorship role is moving forward. In large part, courts look to your history as apparent when determining custody and visitation. It is not likely that if you have never been the primary caretaker for your child you will be named in this role now.

Much of the decision-making in a child custody case depends upon the best interests of your child. The best interests standard is one that looks at several different factors to consider the emotional, educational, and physical development of your child. One of the factors that is considered is your history of parental involvement. Do you have a work schedule that suits your child if you want to become a primary caretaker? Have you been the parent to pick your child up from school or to take him to the doctor? How these questions are answered will likely determine your conservatorship role moving forward.

Having an experienced family law attorney to help guide you in your case makes a tremendous difference. A family law attorney can help you collect evidence and present a strong case to a judge if it becomes necessary to go to trial. When it comes to attending mediation and attempting to settle a child custody case your attorney knows how to help you collect information to better make a compelling argument in mediation or informal settlement negotiations. Working out a settlement before a trial is even necessary would be an ideal circumstance for your family and your child.

History of family violence or neglect

Unfortunately, a reality for many families in a child custody setting is a history of family violence. This includes abuse or neglect of children. Child Protective Services investigates allegations of abuse or neglect of children in Texas. The state of Texas has set up a confidential reporting system for individuals to make reports of abuse or neglect of children. Reports are sent to local offices of CPS. From there, the agency looks into the allegations further.

If you or your co-parent has a history of involvement with CPS that will almost certainly impact a court’s determination of your rights and duties. For example, if you have a history of abusing your child then it is unlikely that you will hold primary conservatorship duties moving forward. The type of involvement with CPS, the length of time between the investigation and the current date, and a host of other factors all matter a great deal.

By the same token, just because you have an involvement with CPS does not mean that you should assume the worst about your case. You still have an obligation to your child to Look out for the best interests of your child. If you believe that this means playing a major role in his or her life, then you should pursue your interests and your child’s. Work with an attorney at the Law Office of Bryan Fagan to learn more about how to manage a family law case with a history of abuse or neglect. 

Understand your rights and duties as a parent in Texas

The presumption in Texas is in favor of joint managing conservatorships for families. This means it is likely that you and your co-parent will share decision-making responsibilities concerning your child. Jointly held rights mean that decisions must be made in concert with your co-parent. Relatively few rights are exclusively or independently held. An exclusive right to decide means that you are the only parent who can decide to do something. Independent rights mean that you can decide on your own without consulting your co-parent.

Even if you and your co-parent do not necessarily see eye to eye on much about your child’s case that does not mean that the two of you cannot work together. Being able to manage the difficulties and challenges of a case can improve your parenting skills. It forces you to look at the case from the perspective of your co-parent. At first glance, you may not see much that you like about their positions. However, once you are forced to look at things from a different person’s perspective you may see merit in their arguments.

It may not seem like it right now, but you and your co-parent have the ability to work together to further the interests of your child. Families just like yours set aside their differences every day to do what is best for their children. While it may not feel good at the moment, compromise and settlement are all about understanding that the long-term best interests of your child matter the most.

Legal guidance is the key to succeeding in a child custody case

There is certainly a great deal at stake in a Texas child custody case. We have seen that child custody cases typically involve a great deal of compromise between parents. That compromise is a critical part of any child custody case. The more involved You are in the life of your child the better off your family will be. This also puts you in a position to argue for the primary conservatorship of your child. However, you should expect that your co-parent will be eager to present their case and make arguments that counter yours.

Having an experienced family law attorney by your side during a child custody case is critical for your family’s success. An attorney not only understands Texas family law but also how to apply that law to your specific circumstances. Again, your family and what you are going through is unique. Do not assume that you can rely upon the advice of a friend or family member who has been through a family law case previously. Rather, you must know how your case will function. What do you need to prepare for? What are some potential mistakes that you should be aware of?

Working with the attorneys at the Law Office of Bryan Fagan is a tremendous advantage. Our attorneys know how to advocate for clients in the courtroom. Additionally, we take seriously the responsibility of serving our clients at the negotiation table, as well. When you are faced with a complex child custody case then please consider contacting our office. We understand the rights and duties of a parent in Texas and how to fight for them inside and outside the courtroom.

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.