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How to obtain custody in Texas?

Child custody battles can be one of the most challenging aspects of divorce. In Texas, child custody is known as “conservatorship.” Understanding the state’s laws and preparing for the process can help you secure the best outcome for your child.

What is a conservatorship?

In Texas, conservatorship refers to a parent’s rights and duties. The court most often appoints parents as joint managing conservators, which means they share decision-making responsibilities. Yet, one parent can become the sole managing conservator in certain situations. This can happen if there are allegations of domestic violence, substance abuse, or child neglect against the other parent.

The parent who does not have primary conservatorship is known as the possessory conservator. They maintain parental rights but do not have the final say in major decisions. Regardless of conservatorship status, both parents have access to the child and can spend time with them.

Creating a parenting plan in Texas

A parenting plan outlines the custody arrangement and visitation schedule. Parents can submit their own plan to the court. If they cannot agree, the court will create one for them. The plan should focus on the child’s best interests. Factors the court considers include:

  • Evidence of family violence or abuse.
  • Each parent’s ability to provide a stable home.
  • The ability of both parents to communicate about the child.
  • The involvement of each parent in the child’s life before the custody case.
  • The proximity of each parent’s home to the child’s school and activities.

The court prioritizes the child’s well-being above all else.

Considering the Child’s Wishes

In Texas, a child’s opinion can influence custody decisions if they are over 12 years old. The court will listen to their preferences, but the final decision rests on the child’s best interests. Consulting with a child custody attorney in Texas can help protect your rights and those of your child.

By understanding the process and seeking the right legal support, you can work towards a custody arrangement that prioritizes your child’s needs and well-being. Taking informed steps ensures that both parents and children can face this challenging time with clarity and confidence.

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