One of the common issues in a Texas divorce is child custody. Both parents want to do the right thing for their child, which can cause disagreements, especially when the parents are separating. Like most states, Texas courts also consider the child’s best interests when deciding custody. If you are fighting for child custody in a messy divorce, you must choose a reliable attorney for the legal process. Top names like David J. Rodriguez have years of experience handling such cases and can offer support and assistance. Here are some things to know about custody battles in Texas.
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Understanding The State Laws
According to The Texas Family Code, a minor child should have continued and frequent contact with both parents provided they can act in their best interests. The child also has a right to live in a safe and stable environment that is free from violence. Ideally, courts encourage both parents to share the rights & responsibilities for raising minor children. After evaluating the circumstances, the judge will consider what is best for the child, and there is no favoritism towards mothers. Also, The Texas Family Code uses the term “conservatorship”.
Managing Conservatorship
That usually refers to the usual legal custody of the child. A parent with legal custody can make significant decisions for the child, like where the child will stay, what religion they will follow, or the school they will attend. Texas laws assume that both parents will be conservators. However, this could be drastically separate from the issue of which parent the child stays with. If you and your spouse have joint managing conservatorship, you will have a say in the child’s well-being decisions. In some cases, a parent may be the sole managing conservator. For instance, if your spouse has a history of violence or abuse, has been addicted to alcohol, or was mainly missing for most of the child’s life, you could have singular rights.
Visitation Rights
It is in the best interests of all parties that both parents agree on a visitation schedule. If that doesn’t happen, the court will make a decision. According to state laws, the non-custodial parent will get a few hours every Thursday, every alternate weekend, alternating holidays, and at least a month of summer visitation. However, these are not always binding; the judge may deviate from that. In some cases, visitation could be supervised, or the judge may even ask a parent to stay away from drugs and alcohol before they visit the child or when they are with them.
Knowing the Best Interests Of The Child
The court may consider many aspects when there is no consensus between you and your spouse. The child’s wishes could be a factor, especially if the minor is old enough. The current and future needs of the child, parenting liabilities, plans proposed by the separating parents, the financial stability of parents, and possible concerns are other details that the court will consider.
Meet a Child Custody Lawyer
Child custody battles can drag on for a long time, and when your spouse has hired an attorney, you cannot afford to stay behind. It would help if you had an attorney based in Texas with extensive experience assisting people in dealing with family law matters. Check whether the attorney has handled custody battles, and don’t shy away from discussing your concerns. At the very least, you should meet a Texas custody lawyer to learn how to proceed and handle the immediate issues. Your lawyer will determine the best strategy to protect your child and your interests.
