Hiring a Child Custody Attorney
Child custody lawyers are crucial for anyone having to navigate family law surrounding child custody cases. These particular types of matters can be highly emotional and have a widespread impact on the family. They typically involve issues such as custody support, visitation rights, grandparent rights, and geographical limitations. Such conflicts can and do become highly contested and litigious.
In custody disputes, it is crucial to prioritize the well-being of the child (courts typically refer to this as the 'best interest of the child'. Although parents may think they are acting in the child's interest by filing and seeking custody, research shows that contentious custody battles can have a harmful impact on the child.
It is highly recommended that you exercise your right to a free consultation with a child custody law firm or child custody lawyer like RRK Law before filing this distinct type of family law case.
The Key Difference Between âConservatorshipâ (Custody) and âPossessionâ (Visitation)
In Texas Family law, our Austin child custody lawyers believe it is helpful to our clients to understand the subtle difference between the term 'conservatorship' and 'custody'. It's important to note that all custody falls under some type of form of conservatorship - like possession (visitation), sole managing, joint, etc., but not all conservatorship falls under custody - although people often confuse them.
Many clients often request 'joint custody' of their children, assuming that it means a "50-50" or extended standard possession schedule.
All Conservatorship specifically refers to the legal authority given to a parent to make important decisions for their child, such as decisions regarding their education and medical care. As noted above, it is different from the possession schedule, which determines the specific days or times when the parent will have visitation with their child according to the custody agreement.
Joint Managing Conservatorship
The Texas Family Code assumes that making both parents joint managing conservators is best for the child unless there has been family violence between them.
If both parents are made joint managing conservators through an agreement or court order, the court must specify which parental rights and duties will be shared by both parents, which require joint agreement, and which will be carried out exclusively by one parent.
Typically, joint managing conservators are responsible for agreeing on important decisions related to the child's physical care, support, and education. Yet, if the parents have conflicting opinions on a critical issue, such as one favoring homeschooling while the other favors traditional schooling, the court may grant one parent exclusive rights to decide the child's education.
When both parents are appointed as joint managing conservators, one parent will typically be designated by the court as the "custodial parent" with the exclusive right to determine the child's primary residence.
If your divorce decree doesn't have a restriction on where the parents can live with the child, such as only in Travis County, then the parent with custody can move to another city or state with the child without needing consent from the other parent.
In a child custody case, your child custody lawyer will advocate to the court, and the court will ultimately make a ruling on which a parent will have to pay child support to the other. Usually, the parent with whom the child mainly lives (known as the custodial parent) will receive child support payments from the other parent.
In Texas family law cases, having joint managing conservatorship of a child does not necessarily mean both parents will have equal or nearly equal time with the child. If a parent wants to fight for joint managing conservatorship in a custody case, they may benefit from hiring an attorney.
Sole Managing Conservatorship
The law assumes that appointing both parents as joint managing conservators is what is best for the child. In Texas family law cases, it is uncommon for one parent to be appointed as the sole managing conservator, also known as winning "sole custody," in child custody cases.
However, this assumption can be disproven if there is evidence of family violence, a severe conflict between the parents, endangering behavior by a parent such as a drug or alcohol abuse, child neglect, or if there is a significant geographic distance between the parent's homes.
A parent appointed as a sole managing conservator has certain exclusive rights, including (but not limited to):
The right to determine the childâs primary residence
The right to receive child support payments from the other parent
The right to make decisions concerning the childâs education
The right to consent to medical treatment
A sole managing conservatorship allows one parent to make important decisions for the child without requiring approval from the other parent, while a joint managing conservatorship requires both parents to agree on such decisions.
When one parent becomes the sole managing conservator in the custody agreement, the other parent can become a possessory conservator, but only if the court decides it is in the child's best interest and won't harm their physical or emotional well-being.
A parent appointed as the possessory conservator has fewer rights than the sole managing conservator but still has certain basic rights afforded to all parents under the Family Code, including:
The right to receive information from the other conservator of the child concerning the health, education, and welfare of the child
The right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child
The right of access to the childâs medical and educational records
The right to consult with the childâs physician, dentist, or psychologist
The right to consult with school officials concerning the childâs welfare and educational status
The right to attend school activities
Possession/Visitation Schedule
After your child custody lawyer advocates for you in court, and the judge decides on conservatorship, it will create a possession schedule that is best for the child. However, the parties can come up with their own agreement about possession.
If you're a parent of a child who is at least three years old and you live within 100 miles of the other parent, the standard possession order in the Family Code is considered the minimum amount of time that the parent who does not have primary custody should have with the child. This applies to both possessory and joint managing conservators.
In Texas family law matters, for non-custodial parents in Austin, TX., the standard possession order specifies when a parent who does not have primary custody of the child can have them. This parent can have their child on the first, third, and fifth weekends of every month. The visit begins on Friday at 6:00 p.m. (or after school) and ends the following Sunday at 6:00 p.m. During the school term, this parent can also see the child on Thursdays from 6:00 p.m. to 8:00 p.m. The rules for holidays, birthdays, and summer vacations are different.
To ensure a favorable outcome in a child custody case, it is important to have a competent Austin child custody lawyer who can diligently prepare and represent you. This applies to both high-conflict cases and those where you have specific goals. Choose a lawyer with the necessary skills and knowledge to present a strong case on your behalf.
Can Fathers Get Primary Custody in Texas?
Yes, any family law attorney will tell you that the Family Code prohibits courts from using the gender of the parties to make decisions about conservatorship and possession of children.
However, there may still be some judges who show a preference for mothers in disputed custody cases, especially with young children. To increase their chances of obtaining primary custody, an experienced child custody lawyer will advise that fathers be involved in their children's daily caretaking functions such as:
preparing meals,
taking the children to school,
shuttling them to extra-curricular activities,
attending parent-teacher conferences, etc.
If your child custody lawyer is going to be successful in making their case to the court, there are many factors they will have to weigh before finally settling on an effective strategy in your case. To be awarded custodial parent status, simple claims - like having better finances than your spouse - are insufficient. It's important to take certain actions well in advance of any custody dispute. An in-depth analysis and trial preparation are necessary for any case that will be argued successfully in court.
When Can a Non-Parental Relative Get Child Custody?
In Texas family law cases, it is possible for a non-parent to seek custody of a child, but it is more difficult than if one of the child's parents did. It's even more challenging for a relative to gain custody if one or both of the parents object, but not impossible.
Sometimes, relatives like grandparents, adult siblings, aunts, and uncles can get custody of a child even when the child's legal parents object. To do so, they usually have to show that the parents pose a danger to the child. The state's best interests of the child standard is what governs all child custody cases in Texas.
Child Custody Agreement (s) and Guidelines
Often called parenting plans, custody agreements, and child custody matters ordinarily involve reaching an agreement in both legal custody as well as physical custody. Defined, parenting plans are agreements that deal with how to handle issues regarding children, such as conservatorship, possession, and child support, after a family law case. They may be referred to as custody agreements in other states.
When a judge includes them in a court order, parenting plans become legally binding. While courts may ask both parents to propose a plan, it is not mandatory, but you can prepare one voluntarily. This is another life-changing decision that child custody attorneys should be consulted on before agreeing to submit a final agreed order to the court.
Only an experienced child custody lawyer will know the intricacies and subtle nuances in the family code language that are necessary to accurately reflect an agreed order. Otherwise, if you leave certain terms open to interpretation, you may have to go back to court again to modify it because both parties relied on specific language only to realize they had different ideas of what certain terms actually mean.
Contact RRK Law today for your free consultation. Robert Kiesling is one of the best child custody lawyers in Austin. He has successfully represented hundreds of clients and helped them navigate Texas child custody laws. Hopefully, you found this child custody general overview helpful.