Navigating the complexities of child custody can be one of the most challenging aspects of family law. At Towson Law, we are committed to providing compassionate and knowledgeable legal support to parents facing custody disputes. Our goal is to protect your parental rights while prioritizing the best interests of your children.

Understanding Child Custody in Texas

In Texas, the term “child custody” is legally referred to as “conservatorship.” Conservatorship encompasses the rights and responsibilities of parents concerning their children, including decision-making authority and physical possession.

Types of Conservatorship

Texas law recognizes two primary forms of conservatorship:

  • Joint Managing Conservatorship (JMC): This arrangement involves both parents sharing the rights and duties of raising their child. It is the preferred arrangement in Texas, as it encourages both parents to remain actively involved in their child’s life. However, JMC does not necessarily mean equal physical possession time. The court will determine the specifics based on the child’s best interests.
  • Sole Managing Conservatorship (SMC): In this scenario, one parent is granted the exclusive right to make significant decisions regarding the child’s upbringing, such as education, medical care, and residence. The other parent, known as the possessory conservator, typically retains visitation rights. SMC is generally awarded in cases where one parent is deemed unfit due to reasons like abuse, neglect, or substance abuse.

Factors Influencing Conservatorship Decisions

When determining conservatorship arrangements, Texas courts consider various factors to ensure the child’s best interests are met:

  • Child’s Physical and Emotional Needs: The court assesses each parent’s ability to meet the child’s current and future needs.
  • Parental Abilities: The parenting skills of each parent and their capacity to provide a stable, nurturing environment are evaluated.
  • Stability of the Home Environment: The permanence of the existing or proposed home is considered.
  • Child’s Preferences: If the child is 12 years or older, the court may take their preferences into account.
  • Parental Cooperation: The willingness of each parent to encourage a positive relationship between the child and the other parent is important.
  • History of Domestic Violence or Abuse: Any evidence of family violence, child abuse, or neglect is heavily weighed.

Possession and Access (Visitation)

In addition to conservatorship, the court establishes possession and access schedules, commonly known as visitation. Texas law provides a Standard Possession Order (SPO) as a guideline, which outlines a typical visitation schedule. However, the court can modify this schedule to better suit the child’s needs and the parents’ circumstances.

Modifying Custody Orders

Circumstances may change after a custody order is established, necessitating modifications. To modify a custody order in Texas, the requesting party must demonstrate that a material and substantial change has occurred since the original order and that the modification is in the child’s best interests. Examples of such changes include relocation, changes in the child’s needs, or a parent’s change in circumstances.

Enforcement of Custody Orders

If a parent fails to comply with a custody order, the other parent can seek enforcement through the court. Enforcement actions may include filing a motion for enforcement, which can result in remedies such as make-up visitation time, fines, or even jail time for the non-compliant parent.

Parental Relocation

When a custodial parent wishes to relocate, it can significantly impact the existing custody arrangement. Texas courts carefully consider relocation requests, evaluating factors such as the reason for the move, the impact on the child’s relationship with the non-custodial parent, and the potential benefits to the child’s quality of life.

Parental Rights and Duties

Conservatorship encompasses various rights and duties, including:

  • Right to Receive Information: Both parents have the right to access information concerning the child’s health, education, and welfare.
  • Right to Make Decisions: Depending on the conservatorship arrangement, parents may have the right to make decisions regarding the child’s education, medical care, and religious upbringing.
  • Duty of Care: Parents are responsible for providing for the child’s physical and emotional needs.

Our Approach to Child Custody

At Towson Law, we know that child custody cases are not just legal disputes—they’re deeply personal and emotional challenges that require careful handling. Our approach is specifically designed to provide the best possible outcomes for you and your children:

  • Child-Centered Strategies: We prioritize solutions that reflect the best interests of your children, advocating for arrangements that support their emotional and physical well-being.
  • Focused Collaboration: We encourage cooperative approaches, such as mediation or negotiation, to minimize conflict and create customized custody arrangements. However, we are fully prepared to litigate when necessary to protect your parental rights.
  • Thorough Preparation: We meticulously analyze all relevant factors, from school and medical needs to your child’s preferences (when appropriate), ensuring that no detail is overlooked in presenting your case.
  • Responsive Representation: Custody issues can evolve quickly, and we’re committed to being accessible and responsive throughout the process, addressing your concerns promptly and keeping you informed.
  • Ongoing Support: Beyond achieving a custody agreement, we offer guidance on parenting plans, co-parenting strategies, and enforcement of orders, ensuring you feel supported every step of the way.

Contact Towson Law

When it comes to protecting your relationship with your children, you need a legal team that understands the importance of family and fights tirelessly on your behalf. At Towson Law, we are committed to helping parents in Weatherford and surrounding areas navigate the complexities of child custody cases with confidence and care.

Whether you are seeking to establish custody, modify an existing order, or address enforcement issues, our experienced attorneys will guide you every step of the way. Schedule a consultation today, and let us help you work toward a custody arrangement that secures your rights as a parent and serves the best interests of your child.