What matters in child custody

First things first, prior to any legal engagement please make your attorney aware if:

  • Safety is a concern for you and your child;
  • Your case is a high conflict case;
  • The other parent has an attorney; or
  • Your child has any disabilities.

In a Texas court, custody of the child is referred to as conservatorship. There are two types of conservatorship: a Joint Managing Conservatorship and a Sole Managing/Possessory Conservatorship.

The Texas court generally supports agreements that provide the child with consistency and stability. Ideally, this would include arranging for both parents to have an active role in the child or children’s lives. Unless there are any allegations of abuse, neglect, or criminality of one parent, the court will generally favor orders appointing joint managing conservatorships.

It is imperative to consult a lawyer to ascertain which factors would affect your specific case.

Child Custody in Texas

Easing the Process of Child Custody Case

All in all, the best interest of the child is always the foremost priority of the court. In some cases, children may be interviewed by the judge.

Custody/conservatorship can be ordered by a judge as part of a:

  • divorce case;
  • a suit affecting the parent-child relationship case (SAPCR case);
  • paternity case; or
  • family violence protective order case.

The following factors influence custody determinations:

  • the best interest of the child;
  • the child’s wishes;
  • the current and future emotional and physical needs of the child;
  • any current or future emotional and physical danger to the child;
  • the parenting abilities of each parent;
  • the programs available to assist each parent to promote the best interest of the child;
  • the plans for the child by each parent;
  • the stability of the proposed home;
  • any acts or omissions of the parent that may indicate parental unfitness, and any explanations for such acts or omissions; or
  • any history of family violence or neglect of the child.

Handling the Matter with Geary, Porter & Donovan, P.C. Family Law

Doing what is best for the children is critical. There is a delicate balance between protecting the children from damage, mitigating stress from two opposing sides and preserving the relationships with the children collectively and with each individual parent.

We lead with compassion in these matters. We offer clarity and authenticity as we face decision-making together. We never grow numb to the sensitivities of family law matters or become lackluster in advocating on your behalf.

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