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In Texas, custody is referred to as conservatorship, and its framework is outlined in Chapter 153 of the Texas Family Code. There are two primary types of conservators: managing conservators and possessory conservators. Under managing conservators, there are two subcategories: sole managing conservators and joint managing conservators. To determine the type of custody that best suits your situation, it’s essential to understand the distinctions between these types of conservatorships and how they affect your rights and responsibilities regarding your children.
Possessory conservatorship is also termed as access or possession. This deals with what kind of visitation schedule and plans the parents will have regarding their children. What we think most about with custody is what kind of managing conservatorship the parents will have.
Sole Managing Conservatorship
A sole managing conservator has the exclusive right to make all decisions for the child. Unless limited to by the court, they will have the right to designate the primary residence, consent to any invasive procedures, consent to any treatments, etc. The parent makes all decisions with sole managing conservatorship.
Here the other parent will still get visitation of the child and is known as the possessory conservator. They will be able to “possess” their child through an ordered visitation schedule.
Joint Managing Conservatorship
In a joint managing conservatorship, both parents share the rights and duties of their child. They can either be given those rights and duties jointly, exclusively, or independently.
In JMC, a primary conservator will need to be designated, and this conservator will have the right to establish the child’s primary residence.
Best Interests of the Child
In Texas, decisions made regarding a child are always made on the standard of what is in the “best interests.” Especially when deciding between sole and joint conservatorship, this standard is employed. There are some factors that a court will look at to help bring them to their decision and can include:
- The child’s desires: a child’s desires will only be considered if they are 12 and over.
- The emotional and physical needs of the child (both present/future)
- Parental abilities of parents
- Stability of the home environment
- The plans each parent has for the child.
- Whether there is evidence of domestic violence
- Whether any false reports of child abuse have been filed.
Minors under the age of 18 typically do not always understand what is in their best interest when making major decisions about their lives. However, if you have a child who is 12 years or older, they may express their opinions on who they want to live with. A party in a custody battle can move to have the court hear what their child 12 and over has to say. This interview will only have a little bit of weight on the decision, which rests in the Judge’s hands.
The emotional and physical needs are another way a Judge will tell who is more worthy of being the primary conservatorship. This goes hand in hand with the parental abilities of the parents. If you have routinely been involved emotionally and physically in your child’s life, this will give some weight to the argument on why you deserve to be the primary conservator.
Key Indicators for Primary Custody Consideration in Texas
A stable home environment and plans for your child’s future are other signs that you may be the better fit. Children need a stable foundation to grow. Constantly moving around does not provide a child with a sense of stability. Having plans can go deeper than knowing what you want for your child’s future. It can also involve knowing what arrangements will be made for your children and how you plan to familiarize them with their schedules in life.
Texas is also very involved with promoting family safety and will consider whether there has been evidence of domestic violence. This could even lead to an investigation by CPS, which also wants what is in “the best interest of the child.” Lastly, if you have ever made false reports of child abuse, know that these, too, will be considered.
Overall, a judge will award primary conservatorship to a parent who actively participates in their child’s life. This parent provides more support and care for the child. If you cannot say that you have ever fed or bathed your children, or if you do not know where they attend daycare or school, you may want to reconsider your ability to be their primary provider.
Factors That May Hurt You
When a Judge makes decisions regarding child custody, they want a parent to provide a healthy environment for the child. A healthy environment starts with looking at the parents themselves. If you have had a mental illness, been the abuser in a domestic violence situation, had substance abuse issues, or have a disability, these factors will be considered greatly.
Although these situations will not be the sole reason a Judge makes their decision, you should be aware that the opposing party will often use these tactics to intimidate you into agreeing to their demands or argue why they deserve to be the sole conservator.
These past shortcomings will help you be prepared to do what is needed to portray you in a positive light. If you seek out the help you need and work on making the changes, this will help show you may be a better fit for your children and are at least trying.
Factors That Will Not Affect You
Most people believe that Texas is a mother state, but this could not be any more of a myth. Gender alone is not the sole factor that a Judge bases their decisions on. However, it would be best if you kept in mind that they may identify with one parent more based on your children’s age and gender.
Your religion will not be a major factor in custody decisions. However, if your cultural beliefs and practices put your child in immediate danger, that could influence the court’s decision. No one culture or way of life is the right one, and a Judge will consider that. This, too, is true for a parent’s sexual orientation. As times have changed to be more accepting of same-sex couples and marriages, this will not determine how a Judge decides on custody issues.
Conclusion
In conclusion, understanding the different types of conservatorships and the roles of conservators outlined in the Texas Family Code is essential when determining the best custody arrangement for your children. Whether you are seeking sole managing conservatorship or joint managing conservatorship, it’s crucial to understand the distinctions between these conservators. Knowing how these distinctions affect your rights and responsibilities is key. Consulting with a family law attorney can provide valuable insight. This guidance will help you navigate these complexities and ensure the best outcome for your family.
Now that you understand the factors that will be considered in your child custody case, you will be well-prepared to advocate for the conservatorship that is in your child’s best interest. If you still have concerns about how to help your case, do not hesitate to give us a call. We have attorneys here at the Law Office of Bryan Fagan to offer your child custody case expert advice.
Other Articles you may be interested in:
- How Contempt of Court Affects Texas Divorce Settlements and Custody Arrangements
- How Do I Defend Myself in Court for Child Custody?
- Responding to an Alcohol Abuse Accusation in Child Custody Courts
- Child Custody Basics in Texas
- Are Dads at a Disadvantage when trying to win 50/50 custody in a Texas Divorce?
- Sole Managing Conservator in a Child Custody Case in Texas?
- Help!! My Ex-Spouse Kidnapped my Child
- How Much Will My Texas Child Custody Case Cost?
- When Can a Minor Child Weigh in on Custody Decisions in Texas?”
- Child Custody Geographic Restrictions in Texas
Law Office of Bryan Fagan, PLLC | Houston, Texas Child Custody Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child custody, it’s important to speak with one of our Houston, TX child custody lawyers right away to protect your rights.
Our child custody lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
