You would be hard pressed to find cases more hotly debated over than child custody battles, or conservatorship, as it is referred to in Texas. State guidelines for conservatorship focus on the child to put them in the best environment possible. If either parent is viewed as lacking in the ability to take care of their child, it can severely impact their case in court.
If both parents are unable to agree on guidelines for custody, the court will step in and a family law judge will dictate the terms of conservatorship. Child custody planning requires there to be a certain level of responsibility from both parents to act in their child’s best interests. To ensure flexibility for child custody cases, different types of conservatorship are available.
Sole managing child custody occurs when one parent is appointed to be a child's primary guardian. When acting as the sole managing conservator, the parent is able to make certain decisions concerning the child, which can include the following:
- Primary Residence
- Medical Treatments
- Child Support
- Legal Representation
The parent that is not the sole managing conservator is referred to as the possessory conservator. The possessory conservator may be unable to make the decisions for the child in the previously established fields.
The court-preferred scenario is joint managing conservatorship, where both separated parents are able to make decisions for a child. The court may mandate joint management in the interest of the child, but this option is not automatically fair or even. Depending on the factors of the case, the court can make alterations to the case's end result. Joint custody is achievable, but the parties will require legal representation to ensure an acceptable scenario.
In deciding the ratio of possession in joint custody, or whether sole custody is required, the court takes different factors into account. Common information the court may take into account includes the following:
4. Criminal Record
5. Child Needs
6. Relationship of Parents
7. Past Parental Input into a Child's Care
8. The Preference of a Child, If They Are 12 Years Old or Over
Both parents have an equal chance to appear more capable of providing for the child. Presenting a case before a child custody court requires careful planning and emphasis on a parent's best qualities. Any mistakes or legal issues can damage a parent's custody standing; legal representation will minimize the risk of this happening.
Depending on the results of child custody court, your ability to raise your child can either be hindered or heightened. The stronger your case, the more freedom you could have later on in important decisions such as relocating to a new home. We work with child custody cases like yours in order to fight for a custody plans you will be comfortable with. Get in contact with us today to begin working on your child custody case.