Pearland, TX Child Custody Lawyers

Summary of Child Custody Laws in Texas

All issues regarding care for minor children, including custody and periods of access, are measured by the child’s best interest standard. Courts generally favor a co-parenting arrangement, where both parents act as “joint managing conservators.” Each has equal access to the child, along with the right to make decisions for the child in the following areas:

• Education and extracurricular activities;
• Health care;
• Entertainment, recreation, and travel;
• Being active in religion; and,
• Other matters that are central to raising the child.

Though both parents may have authority as joint managing conservators, for practical considerations, just one is granted residential custody. The parent with whom the child lives are responsible for day-to-day care, well-being, and routine decisions. The non-residential joint managing conservator will have visitation rights as described below.

Exceptions to the Joint Decision Making Presumption

Though Texas law favors both parents acting as joint managing conservators, a court will not allow such an arrangement under certain circumstances. The application of the child’s best interest factors is crucial. Where the child would be exposed to drug or alcohol abuse, domestic violence, criminal activity, or other misconduct, the court will reject a finding of both parents being named joint managing conservators. One parent will be appointed as sole managing conservator, and the other may have limited rights and periods of possession, depending on the circumstances.

The Process of Determining Child Custody

Custody will definitely come up in a divorce when the parties have minor children, but it may also arise when a father has established paternity and wants to exercise parental rights. In both types of proceedings, there are two ways to resolve child custody issues.

1. Custody by Agreement: When parents can agree upon custody and visitation, they can execute the necessary documents and request that the court accept it as an official order. The judge will review the agreement to ensure that it serves the child’s best interests before entering it as a legally binding order of the court. The final order will include all provisions relating to the child or children – rights and duties, periods of possession and access, child support and medical support, passport provisions, etc.

2. Court Hearings on Custody: If parents cannot resolve custody by agreement, the court will conduct a hearing to decide the matter through application of the Texas Family Code. During this proceeding, each party will have the opportunity to testify, present witnesses, and introduce evidence in support of their respective positions. The judge will hand down a decision after reviewing the facts and considering them in light of the child’s best interests. An order will be rendered that contains all the provisions described above relating to custody, possession, and support.

Whichever approach applies to your situation, you can count on our child custody lawyers at The Ramos Law Group, PLLC to protect your parental interests. We have solid skills in negotiating and drafting co-parenting agreements, but we are also adept in trial advocacy if a court hearing becomes necessary.

How Child Custody Affects Visitation

When one joint managing conservator is named as the primary conservator, the other parent will be granted a “possessory conservatorship,” i.e., visitation. Texas uses a standard possession order, in which parents share custody of the children based on a calendar established in the Texas Family Code. Each will equally split, as much as practically possible, special occasions, holidays, and school breaks. Where appropriate, a court will allow parents to depart from the standard possession order if doing so serves the child’s best interests.