Child Custody

Determining Child Custody in Texas

Posted by on Nov 21, 2013 in Child Custody, Divorce

Any divorce lawyer would agree that child custody is one of the trickier aspects of a divorce agreement. There are physical, emotional and financial considerations that must be weighed before a decision can be reached that will alleviate some of the stress of divorce. An article on the BB Law Group PLLC website points out it is important that a divorcing couple is fully aware of their legal options when it comes to child custody to reach a fair agreement for all concerned parties.

In Texas, custody is referred to as conservatorship, and the parent who is granted partial or full physical and legal custody of a child is called a conservator. The main thrust of the laws ruling child custody matters is that it is compatible with the best interests of the child or children. In some instances, the child would have a better idea of what this constitutes than anyone else.

This is one of the interesting things about Texas family law, that a child of 12 or more may be consulted about the physical conservatorship; typically, the parent who remains in the vicinity of the familial home may be awarded physical conservatorship, but not always. If the child prefers to live with the away parent all or for most of the time for whatever reason, it will be considered by the court.

In some instances, the court may partially or fully withhold the right of the non-conservator parent to have visitation rights. This includes evidence of domestic violence or child abuse by one parent. Moreover, while joint conservatorship may be desirable and granted by the court, this does not mean equal time with the child. The time actually spent with the child will vary depending on what the court determines to be “significant periods” and “frequent and continuous contact.”  With proper legal representation, all the child custody concerns and issues confronting divorcing or divorced parents can be properly addressed and presented in court.

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