Every parent who goes through a divorce or child custody case must understand the basic elements of conservatorship rights and duties. Although spoken about much less frequently than child custody, conservatorship elements relate to many important factors in the life of your child. Additionally, your family law case will spell out the rights that you possess versus what your spouse or co-parent possesses. As a result, you need to be current on what this case means for you and your child moving forward.
Your rights as a parent in Texas
Parents are provided rights and duties concerning their children in Texas. Those rights and duties relate to your ability to make decisions for your children. Examples of those decisions include the ability to make decisions about their health, mental well-being, and education. Additionally, you have duties to care for your children. Providing your child with food, clothing, and shelter are just three of the basic responsibilities that you have as a parent.
There is one major difference between how these rights and duties are treated before a family law case versus how they are handled afterward. In truth, you have always possessed specific rights and duties concerning your child since the time of his or her birth. However, now that you are going through a family law case those rights and duties are going to be spelled out. Your court orders memorialize the rights and duties you have concerning your child.
You can look at your court orders as a road map for your parenting life. Understanding what is included in those court orders is a major part of your responsibilities as a parent. For that reason, being able to work with an experienced family law attorney is critical to your success. Keep in mind that the purpose of the family law case is to attend to matters related to your child. As such, the best interests of your child are what matter the most. Here is some more information on the best interests of your child. They play a critical role in your family law case.
The best interests of the child’s standard
In any family law case involving children, the best interests of the child standard will be a critical component. Any decision made on behalf of a child in a family law setting needs to reflect the best interests of your child. The law presumes that you and your co-parent both make decisions that are in the best interests of your child. Likewise, if called upon, a judge will be tasked with making decisions that are also in your child’s best interests.
The best interests of the child standard attempt to combine several different factors that are relevant for your son or daughter. Their well-being now and in the future is considered. Additionally, your abilities as a parent are compared to those of your co-parent. Living conditions, goals for the future, and your history as a parent all matter. In short, the best interests of the child standard attempt to consider as many critical factors as possible.
One of the difficult parts of a family law case for some parents is understanding that what is in their child’s best interests may not be in their own best interests. For example, you may want to become the primary conservator of your child. However, if this is a role you have never filled for your child then it may be difficult to argue your point to a judge. Specifically, it is a difficult argument to make that you should be named as the primary conservator of your child when you have never acted in that capacity before. Distinguishing between your best interests and your child’s best interests is a critical part of this family law case.
Sharing rights and duties as joint managing conservators
In most Texas family law cases, parents will be ordered to share rights and duties concerning their children. This is done with a joint managing conservatorship. A conservatorship refers to a legal relationship where a person holds rights and duties concerning another person. Jointly held rights and duties are a key component of the co-parenting relationship in Texas. The state presumes that it is in the best interests of your child for you and your co-parent to share rights and duties concerning your son or daughter.
This does not mean that you and your co-parent share rights and duties equally, however. Among the most distinctive differences between the rights and duties of a parent in joint managing, conservatorship is related to determining the primary residence of your child. When you are the parent who can determine the primary residence of your child this is a major point to be aware of. Determining the primary residence of your child means that your child will live with you. Additionally, you also gained the right to receive child support.
If you are not awarded the right to determine the primary residence of your child that does not mean that you hold no rights or duties. Rather, most rights and duties are held either independently or jointly with your co-parent. For you to be able to maximize the amount of time that you can spend with your child it is best to have an attorney on your side. Specifically, you need an attorney who has worked alongside families going through custody cases before.
Responsibilities associated with raising your child
Alongside the right to make decisions for your child, you also have responsibilities. These responsibilities cut to the core of your parenting relationship with your son or daughter. Perhaps the most established responsibility you have concerning your children relates to financial support. The primary conservator of your child has a responsibility to provide financially. This is seen through the day-to-day care of your son or daughter. The reality of the situation is that the primary conservator of your child has more daily responsibility when it comes to his or her care period for that reason, there is a significant financial burden that exists for a primary conservator.
With that in mind, there exists also a financial responsibility for the non-primary conservator. If you are the non-primary conservator of your child you are tasked with caring for your child financially when he or she is with you. Additionally, the non-primary conservator typically must pay child support. This child support is paid monthly. Child support is typically calculated based on your net monthly resources as well as the number of children you have before the court.
Additionally, the financial responsibilities associated with your child depend upon their specific needs. This is where an in-depth best interest determination is critical. If your child has a special medical or educational need then there may be additional responsibilities that are on your plate. As such, you need to be aware of how to best care for your child. This may involve increased amounts of child support per month compared to most children. If your child has a consistent medical need then being able to divide uninsured healthcare costs is an important part of the case.
Custody arrangements
When it comes to a family law case, being able to divide up your possession and visitation time with your child matters a great deal. How your time is divided between parents depends on your specific situation. Again, the best interests of your child are examined closely regarding possession and visitation. The discussion we had previously about being named as the primary conservator of your child is relevant here. Whichever parent is found to be better equipped to act as primary conservator is who the child will live with on a primary basis.
This is not an easy situation to find yourself in as a parent. For many people reading this blog post not being named as the primary conservator of your children would feel like coming in second place in a parenting competition. However, because it is such a complex analysis that is undergone in these circumstances it would not be fair to feel this way. Sometimes parents simply do not have sufficient time with their children to be able to be named as primary conservatories.
Consider if you have always been the parent who works outside the home. On the one hand, you are the person who has made sure that your children have all the essentials in life. The household budget has revolved around your income. On the other hand, that responsibility means that you have not been able to act as the primary conservator. Because of that, you would have an uphill climb to be named as the primary conservator.
Decision-making authority
As we’ve been talking about in today’s blog post, you and your co-parent must divide up decision-making authority between one another in a way that suits the needs of your children. There are two perspectives to look at this issue. The first perspective is that of the needs of your child. Your child’s needs come first in a family law case. When your child stands to succeed after a divorce or child custody case it is because his or her needs are cared for. When making decisions for your child be sure to consider their life now and in the future.
The next subject you need to concern yourself with is that of your abilities as a parent. As parents, we all have our strengths and weaknesses. Struggling and a particular facet of your parenting may be acceptable given that you have a co-parent who can step up and shoulder some of that burden. This takes some degree of cooperation between you and your child’s other parent. If the two of you cannot come together and work towards the common good of your child then it is your child who will suffer the most.
Keep in mind that decision-making authority is typically divided evenly for most families. Do not expect that you or your co-parent will hold the lion’s share of the rights and duties. The norm in Texas family law cases is where parents divide those rights and duties on an even basis.
Visitation and possession schedules
Having your child means having immediate control over the child and their actions. A standard possession order is a typical method of dividing parenting time in a family law case. In a standard possession order, the non-custodial parent has weekend visitation with your child on the 1st, 3rd, and 5th weekends of each month. Holidays are divided evenly throughout the year. The non-custodial parent also has up to a month of uninterrupted possession time in the summer.
The periods of possession allotted to the non-custodial parent are known as visitation periods. These visitation periods allow the non-custodial parent to have extended periods of interaction with the children. The visitation schedule should be determined based on the best interests of your children as well as your work schedule. The last thing you want to do is put yourself in a position where you sign up for a visitation schedule that you cannot manage. Rather, consider the feasibility of your possession schedule before agreeing to anything.
One big item to note when it comes to the possession of your children is that you and your co-parent have the ability to come up with your possession schedules. A standard possession order is a suggestion that may be implemented. However, based on the needs of your family some variations on this standard plan could be in the best interest of your family.
Modifying child custody orders
One thing to bear in mind is that the orders you and your co-parent come up with in that child custody case are not necessarily permanent. These orders can be modified in the future. Child custody modification cases involve a material and substantial change in circumstances. This is a significant change that must have arisen since the time of your prior child custody case. Typically, they involve a parent identifying an area in the child custody orders that needs to be changed. It may have something to do with the need for a move, additional orders regarding the well-being of your children, or that development in the health of your child.
Even if the court agrees that a material and substantial change has occurred the best interests of your children need to be considered. Specifically, whatever modification is being proposed must also be in the best interests of your child. Again, the best interest of the child’s standard applies in any circumstance where a court makes decisions for your children. The requested modification must in some way benefit your child. It is not something where the requested modification would primarily benefit you.
Modifying a court order is not always straightforward. It requires the ability to make an argument on two different fronts. For that reason, working with an experienced family law attorney becomes quite important. An attorney knows how to draft documents, present evidence and make arguments to a court. These are all skills that are invaluable when considering a modification case.
Final thoughts on parental rights and responsibilities in Texas
As a parent, you have a significant number of rights and responsibilities concerning your children. You need to be able to organize and plan for those rights and duties within the family law case. Building on these rights and duties will determine the overall success your child experiences after the family law case. The opportunities for co-parenting effectively are greatly enhanced when parents can work together during the family law case. Families who can set aside their differences tend to form a more cohesive bond.
You can allow for the material in today’s blog post to act as a jumping-off point for your family. Make no mistake, there are many ways to approach a child custody case in Texas. Each strategy you choose to implement should be based on the needs of your child. Making up your mind on how to proceed in a family law case is a critical step.
Thank you for choosing to spend part of your day with the Law Office of Bryan Fagan. Our experienced family law attorneys post unique and informative blogs on our website six days a week. These blogs are a great opportunity for you to learn more about the world of Texas family law.
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. 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.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
