At the Quander Law Firm, we understand how important it is to protect the relationship with your child. Whether you are fighting for custody of your child or seeking visitation rights to your child, we are committed to advocating for our client and the best interest of their children.
Custody in Texas
Conservatorship is the term used to describe custody in Texas and there are two types of conservatorship.
Joint Managing Conservatorship
The rights and duties of a parent are shared by both parent. But generally, only one parent has the right to designate the primary residence of the child.
Sole Managing Conservatorship
Only one parent has the exclusive right to make decisions concerning the child.
The State of Texas supports children having frequent and continuing contact with their parents and encourage parents to share in the rights and duties of raising their children even after seperation or divorce.
The appointment of parents as joint managing conservators is presumed to be in the best interest of the child. However, there are instances in which sole managing conservatorship is appropriate.
Frequently Asked Questions
How will the judge decide who will get custody of our child?
In Texas, courts do not favor men or women in custody suits. Instead, the primary factor of who should be given custody rests on the "best interest of the child" standard. Because parents know their children and their family better than a judge, it is beneficial for parents to reach a custody agreement without the help of the court. If an agreement is not reached, the custody matter will need to be litigated in court.
In custody suits, these are some of the factors the court will consider:
desires of the child
current and future emotional and physical needs of the child
current and future emotional and physical danger to the child
parental abilities of the person seeking custody
As a parent, what visitation rights do I have with my child?
Absent agreement by the parents, generally the noncustodial parent will be assisgned a Standard Possession Order which specifies the visitation terms.
The Standard Possession order generally allows the noncustodial parent to spend time with the child on Thursday evenings, first, third, and fifth weekends, holidays and 30 days in the summer, unless the parties agree otherwise.
In instances such as abuse or neglect, the court may find that supervised visitations are in the child's best interest.
Can I deny the other parent their visitation with the child if they are not paying child support?
No. Child support and visitation are two separate issues and you cannot keep the other parent from seeing the child because child support isn't being paid. In fact, you may be held in contempt of court for violating the court order if you deny the other parent their visitation.
Additionally, a parent who is being denied visitation may not stop paying child support.