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Custody 101

If you are on the verge of filing for divorce or splitting from a partner and you have children, it’s important to acquaint yourself with the child custody laws you might be facing in Texas. Nothing that revolves around divorce or family matters is very simple, but we’re here to help however we can.

In Texas, child custody is known as "conservatorship." Instead of referring to a parent as a "custodian," courts name a child's custodian a "conservator." Conservatorship is the word used to describe the legal rights and responsibilities of a parent.

The court or the parties involved in the divorce or separation appoints or agree to one of two situations:

  1. One spouse is appointed as the sole managing conservator of the children, while the other spouse is appointed as the possessory conservator, giving them visitation rights.
  2. Both parents are appointed as joint managing conservators of the children. In this option, rights and responsibilities are allocated between the parents.

Conservatorship determines who gets to make parenting decisions about your child, such as medical treatment, education, sports, and even religious upbringing. Ultimately, the court’s decision on a conservatorship plan is based on the best interest of the child or children, and they look at family violence, drugs and alcohol, and other conflicts when determining this.

How We Can Help

The best situation for a separating or divorcing couple is to come to an agreement between themselves. A mediator or an attorney can help you reach this goal, and assuming you can agree upon custody, the court almost always approves this agreement. However, if you can’t agree upon custody, an experienced family attorney is always prepared to fight it out in court.

Even if you’re not ready to hire someone, it’s probably a good decision to have an initial consultation with either a lawyer or a mediator. At The Law Office of Bryan Fagan, PLLC, we can help you with child custody basics, high-conflict cases, custody modifications, child relocation, and other family issues. We offer complimentary initial consultations to help you get together the facts of your case and let you know what we think you should do next.

Call (281) 810-9760 or contact us online to speak with our Texas family law attorney.

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