Custody Lawyer In Texas

Texas Child Custody Lawyer

During a divorce, couples are often concerned about what will happen to the children after the divorce is finalized. When making child custody decisions, judges in Texas focus on arrangements that will be in the best interests of the child.  There are several types of custody that a judge can grant a divorcing couple depending on the circumstances.

An experienced Austin child custody lawyer can help you with child custody issues and guide you when you are seeking custody modification.

Types Of Child Custody In Texas

TX Child Custody Attorney

Child custody is referred to as conservatorship while the parents are called conservators. The following are the types of child custody in Texas:

  • Sole managing conservatorship or sole custody:  This means that the parent that lives with the child makes all decisions for the child regarding the child’s medical needs, schooling, and mental health. The other parent can visit the child. Judges normally don’t award this type of custody because courts in Texas believe that it is in the best interest of the child for both parents to be involved in decision-making for the child.
  • Joint managing conservatorship: This means that both parents make decisions for the child equally.  The child lives with one parent and the other parent has visitation rights.
  • Temporary custody: You need to file for temporary custody before you begin litigation for child custody. Temporary custody ensures that the child’s best interests are catered for before the actual custody is awarded. Getting temporary custody does not mean that you will get child custody after the hearing.
  • Split custody: Split custody means that each parent obtains full physical custody for a different child if they had more than one child in the marriage. Who gets which child is determined by the age of the child and the preference of the child.

To understand how custody works in Texas, you must understand what possession and access means.

What The Court Considers Before Granting Custody

Texas Parental Rights Lawyers

Austin Child Custody LawyerYou need an experienced child custody lawyer to help you understand what the court looks at before awarding custody to a parent. For example, the court will pay attention to how the couples communicate to determine if the spouse that wants sole custody is using it to control the other spouse.  The court’s decision will be determined by the following factors:

  • The parent’s willingness to share custody
  • Child’s preference
  • A parent that can provide a stable school life and social life for the child
  • The financial status of each parent
  • The number of children and the age of the children
  • Employment of the parents and the nature of their jobs
  • Benefits for the parent

Should You Seek Sole Managing Conservatorship?

Divorce Child Custody Lawyer

You should only seek this option if you are genuinely concerned about the safety of your children, especially if there is a history of violence in the family.  Another situation where sole custody makes sense is when you and the other parent simply cannot get along.  Remember that this option severely limits the other parent’s visitation rights and rights to make decisions concerning the child.

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