Raising children is difficult when families are intact. After a divorce, trying to raise a child can be even more overwhelming. Divorce and custody laws vary from state to state, so this article will focus on the custody laws in Texas.
Some people wonder Is Child Custody the Same Thing as a Conservatorship in Texas? There is no term for “full custody” in the Texas Family Code. This usually refers to the person with whom the child lives during the school week. This is also referred to as “primary custody” or “sole managing conservatorship” in Texas.
Texas Parental Rights
Typically, every parent has the right to join in making health, educational, legal, moral, religious, and residential decisions for their child. They also have responsibilities to care for and support their child. In Texas, when parents separate, both parents share parental rights.
Parents who think they cannot share rights with the other parent will fight for “possessory conservatorship” or “managing conservatorship.” Typically, according to realtimecampaign.com, this means they have the sole right to decide where the child lives, what kind of health care they receive, and how to handle their legal issues. They can consent to a child’s marriage, apply for and keep passports for a child, and consent to a child joining the military. They also can use a child’s earnings.
It is essential for parents who want to obtain managing conservatorship to hire an attorney to represent them. Choosing a firm such as Sisemore Law, which has experience in divorce and custody cases. They can help individuals either file for sole custody or file to terminate the other parent’s rights.
For a judge to declare sole custody, a judge must discover more than just conflicts between parents. A judge will look at the child’s needs, a history of abusive behavior from either parent, a history of neglect, or a history of violence. An excellent attorney will gather many records and statements to show how the other parent has not met the child’s needs.
Sometimes, it is necessary to file to terminate someone else’s parental rights. In Texas, someone must prove that a parent endangered, neglected, abandoned, or caused serious injury or death to a child. Committing certain criminal offenses and taking drugs are things that can cause parental rights to be terminated.
Finding a Lawyer
Ask friends and family for recommendations for an attorney. Narrow down the list and interview lawyers to discover their personalities and style. Ask what kind of experience they have with custody cases and what percent of cases they win. Ask about their fee structure and whether they provide a free consultation.
Parents who cannot afford an attorney may qualify for a court-appointed attorney. This attorney will represent the single parent the same way a paid attorney does.
It is possible to gain full custody or manage conservatorship in Texas. Individuals should find a reliable attorney to represent them and tackle the dispute in a carefully planned way.