As a Texas divorce and child custody lawyer, I often work with clients who are navigating the complex process of determining custody arrangements for their children. In Texas, child custody, also referred to as “conservatorship,” comes in several different forms. This article will explore the different types of child custody in Texas and provide an overview of what each type entails.
Understanding Sole Managing Conservatorship in Texas
One type of child custody in Texas is sole managing conservatorship. This form of custody gives one parent the primary authority to make decisions related to the child’s upbringing, including decisions about education, medical care, and religious upbringing. The parent who is granted sole managing conservatorship is also responsible for the child’s physical possession, meaning that the child will primarily reside with that parent. The other parent may still have the right to possession of the child at specific times, such as on weekends or holidays, but the parent with sole managing conservatorship will have the final say in any major decisions regarding the child.
Joint Managing Conservatorship: Shared Responsibilities in Texas
Another type of child custody in Texas is joint managing conservatorship. This form of custody involves both parents sharing the responsibilities of decision-making and physical possession of the child. In a joint managing conservatorship, both parents have an equal say in the child’s upbringing and are responsible for making decisions related to the child’s education, medical care, and religious upbringing. Both parents also have the right to possession of the child on a regular basis, and a schedule will typically be established to determine which parent the child will reside with on a given day or week.
Possessory Conservatorship and Limited Conservatorship in Texas
In some cases, a parent may be granted possessory conservatorship rather than managing conservatorship. Possessory conservatorship gives a parent the right to possession of the child at specific times, but does not give that parent any decision-making authority. A parent with possessory conservatorship may have the right to possession of the child on weekends or holidays, for example, but will not have the ability to make decisions about the child’s upbringing.
In some cases, a parent may be granted limited conservatorship, which gives them the right to possess the child only under certain circumstances. Limited conservatorship may be granted if a parent has a history of abuse or neglect, or if there are other extenuating circumstances that make it necessary to limit the parent’s possession of the child.
Grandparent and Other Relative Conservatorship in Texas
In certain situations, a grandparent or other relative of the child may seek conservatorship if they believe it is in the child’s best interests. This is known as grandparent or other relative conservatorship. The relative must be able to show that the child’s parents are unable or unwilling to provide adequate care for the child and that granting conservatorship to the relative is in the child’s best interests.
Determining the Best Type of Child Custody for Your Family in Texas
When it comes to determining the best type of child custody in Texas for your family, it’s important to consider the individual needs and circumstances of your child and your family as a whole. The courts will always make decisions about conservatorship based on what is in the best interests of the child.
If you are involved in a child custody case in Texas and are unsure about which type of conservatorship is right for your family, it’s important to speak with a qualified Texas divorce and child custody lawyer who can help you understand your options and advocate for your rights. At The Blacknall Firm, we understand the importance of ensuring that your child’s best interests are protected during the divorce and custody process. If you are in need of legal assistance with a child custody case in Texas, don’t hesitate to contact our office to schedule a consultation. Our experienced team of attorneys is here to help you navigate the legal system and work towards a resolution that is fair and in the best interests of your child.