Child Custody Claims and Conservatorship

Need a Child Custody Attorney in Flower Mound, Texas?

Our Flower Mound Child Custody Lawyer Has the Answers

If you are considering, divorce or perhaps looking to receive custody of your child, our child custody attorney in Flower Mound can help. They are well-versed in the laws governing conservatorship and child custody. If you have questions about how Texas custody laws could affect your family, ask our Flower Mound child custody lawyer.

Let The Julian Firm give you the guidance and support you need. Child custody can be an overwhelming and confusing process. Our family law and child custody attorney of Flower Mound knows your situation is unique and will prioritize your case. Contact a Flower Mound child custody lawyer at our firm today for a consultation. We also provide information below to provide an overview on Texas conservatorship and child visitation rights. Attorney Jared Julian is Board Certified in Family Law by the Texas Board of Legal Specialization, making him a great choice when you need a child custody attorney in Flower Mound, Texas.

What Does Child Custody Mean in Texas?

The Texas Family Code refers to custody as “conservatorship”. Conservatorship:

  • Defines the rights and duties that each conservator will have with regard to the child(ren)
  • Designates how certain decisions will be made and by who
  • Outlines the responsibilities of each conservator with regard to the child
  • Is not the same as possession or access

What are the Different Types of Conservators under Texas Custody Laws?

Under the Texas Family Code, it is presumed that it is in the best interest of the child(ren) that the biological parents be appointed “joint managing conservators” (often referred to as “JMCs”).

However, if one parent can overcome that rebuttable presumption, then the Court may appoint that parent a sole managing conservator. If the Court appoints a party the sole managing conservator, then the other parent is the possessory conservator.

Who Determines Where the Children Live if the Parents Have Joint Custody in Texas?

If the parents are JMCs, then a court will designate one of the conservators as the “primary.” The primary joint managing conservator will have the exclusive right to designate the primary residence the children. The primary custodial parent will usually also have the exclusive right to receive child support and the exclusive right to make education decisions.

What are the Rights of Parents If They Have Conservatorship in Texas?

A sole managing conservator has the following exclusive rights (other rights and duties are not listed here that are the same for either case). For joint managing conservators, rights may be allocated as exclusive to one of the conservators or by agreement, or as independent rights available to both conservators. This includes your right as a parent to make decisions regarding the child’s:

  • Medical treatments or surgeries
  • Legal representation
  • Marriage
  • Enlistment
  • Education
  • Employment
  • Estate

What is Standard Possession for the Non-Primary Conservator in the State of Texas?

The Texas Family Code explains child visitation rights by providing us with a Standard Possession Order or (“SPO”). The SPO provides for periods of possession with the children during weekends, holidays, spring breaks and summer vacations. The SPO splits with regard to whether the parents reside within 100 miles of each other, the parents reside within 50 miles of each other, or the parents reside more than 100 miles apart.

Does the Court Consider Where the Child Wants to Live When Deciding Primary Custody in Texas?

Yes. Once a child has reached the age of twelve, the Court on a motion of a party shall interview the child in chambers. Generally, this interview is private, but a party may request for a record of the interview to be made. The Court’s may use its discretion to determine whether to interview a child under the age of twelve.  The Judge will consider the child’s preference, but the child’s preference is not the only the factor the Court will consider. The Court will consider several factors in determining the best interest of the child.

What Does the Court Look for in Child Custody Cases in Texas?

The answer to this question boils down to the five words, “best interest of the child.” In making a decision as to what is in the best interest of the child, the Texas court will consider many issues, including, but not limited to the following:

  • Family violence of any kind
  • Sexual abuse of any kind
  • Drug abuse
  • Alcohol abuse
  • Parental alienation of one parent by another including denial of child visitation
  • Discussing the litigation with the child
  • Child abuse, neglect and/or endangerment
  • Living conditions
  • Overall well-being of the child, including the child’s family, school, grades, friends and extracurricular activities

Questions About Child Custody? Call The Julian Firm’s Child Custody Attorneys of Flower Mound Today! We Can Help!

If you still have questions about Texas child custody law, conservatorship or visitation rights, then do not hesitate to contact our child custody attorneys of Flower Mound for a consultation. Call (972) 459-4400 or submit a contact form to schedule a consultation. Our law office is in Flower Mound, Texas, but we represent clients all across DFW in throughout the Dallas Metroplex, including Dallas, Tarrant, and Collin Counties. Call us today!