Child custody is one of the most emotionally charged aspects of a divorce or separation. In Texas, custody is legally referred to as “conservatorship,” and courts prioritize the child’s best interests when determining custody arrangements. If you’re facing a custody battle, understanding your rights and options is crucial. Our Woodlands attorneys are here to guide you through the process.
Types of child custody in Texas
Texas law recognizes two primary types of conservatorship:
- Joint Managing Conservatorship (JMC): This is the most common arrangement, where both parents share decision-making responsibilities for the child. Courts prefer JMC unless there is a history of abuse, neglect, or other circumstances that would make joint custody harmful to the child.
- Sole Managing Conservatorship (SMC): In this arrangement, one parent has the exclusive right to make major decisions regarding the child’s education, medical care, and living arrangements. The other parent may still have visitation rights.
Possession and access (visitation rights)
Texas courts use a Standard Possession Order (SPO) to outline visitation schedules. This typically allows the non-custodial parent to have the child:
- Every first, third, and fifth weekend of the month
- Thursday evenings during the school year
- Extended time during summer and holidays
If the parents agree on a different schedule, courts generally honor it as long as it serves the child’s best interests.
Factors Courts Consider in Custody Cases
Judges evaluate several factors when determining conservatorship, including:
✔️ The child’s emotional and physical needs
✔️ Each parent’s ability to provide stability
✔️ The child’s relationship with each parent
✔️ Any history of domestic violence or substance abuse
✔️ The child’s preferences (if they are 12 years or older)
The goal is always to ensure the child’s well-being and promote a stable environment.
Modifying a custody order
Life circumstances change, and sometimes a custody order needs to be modified. You can request a modification if:
- A parent moves far away, making visitation impractical
- There is evidence of abuse or neglect
- A significant change in the child’s needs occurs
A modification request must be filed with the court, and the parent requesting the change must prove it is in the child’s best interest.
Why hire a child custody attorney?
Navigating a custody battle can be complex and stressful. A knowledgeable family law attorney can:
✔️Help you negotiate a fair agreement
✔️ Represent you in court if necessary
✔️ Advocate for your parental rights
If you’re facing a custody dispute, our Woodlands attorneys at Griffin, Cain & Herbig, Attorneys at Law, PLLC, can help protect your rights and fight for the best outcome for your child. Contact us today for a free consultation.