Understanding Child Custody in Texas

Deciding who will have legal and physical custody of a child is one of the most difficult aspects of divorce. In Texas, there are two types of conservatorship that must be determined when making a custody agreement: managing conservatorship (legal custody) and possessory conservatorship (physical custody). Both types of conservatorship are important to consider when crafting a fair and equitable parenting plan. Let’s take a closer look at how child custody is determined in Texas.

Managing Conservatorship (Legal Custody)

Managing conservatorship is the right to make decisions related to a child, such as where they will go to school or what medical treatments they may receive. This type of custodial arrangement can be held jointly by both parents or solely by one parent if the other parent does not have access to the child due to certain circumstances. It is important for couples seeking divorce, or unmarried parents seeking child custody arrangements, to understand that even if one parent has sole managing conservatorship, both parents still have an obligation to provide financial support for their children.

Possessory Conservatorship (Physical Custody)

Possessory conservatorship is the right to have physical possession and control over the child on a normal day-to-day basis. Generally, this type of arrangement involves establishing a primary residence for the child with either parent, or alternating between both parents through visitation schedules and holidays. Like with managing conservatorship, possessory conservatorship can be held jointly or solely by one parent depending on the circumstances of each case.

The Importance of “The Best Interest of the Child”

When determining how best to allocate custodial rights in Texas, courts always keep in mind “the best interest of the child” as stated in Section 153.002(5)(a)(6) of Texas Family Code. This term ensures that any decision made regarding custodial rights puts the needs and wellbeing of the child first above all else so that no matter which parent has rights, it is done with fairness and equity in mind.

Modifying a Child Conservatorship Order

For some couples going through divorce, their situation may change after they have already established their parenting plan via court orders. In these circumstances, it is possible to modify existing court orders if there has been substantial changes since it was originally issued based on “the best interest of the child” standard set forth by Section 153.0025(a)(3).

Child Custody Lawyer in Plano

Establishing a fair and equitable parenting plan during divorce in Plano can be challenging but very important for both parties involved. It is critical for divorcing couples in Plano to understand how legal custody (managing conservatorship) affects decisions about a child’s education and medical care. And, how physical custody affects their daily lives with each respective parent according to “the best interest of the child” standard set forth by law before creating their own agreement or having one imposed upon them by court order. Through understanding these various terminologies associated with custodial rights in Plano, divorcing couples are better prepared when crafting their own parenting plans as well as having an understanding on what might happen if modifications need to be made down the line. Contact a child custody lawyer at The Fox Firm for a consultation today.