When two parents can no longer live together and decide to part ways, one of the most
challenging things they must decide is what is best for their children. This is where child custody
comes in, or “conservatorship.” Our Houston family law team discusses everything you need
about conservatorship in Texas.
What is a Conservatorship?
In Texas, conservatorship describes the legal rights and duties of a parent. It provides one or
both parents with the responsibility for making important decisions about their child’s welfare, including medical care, education, and religion. Conservatorships can be awarded to either parent or a third-party guardian. If both parents are granted conservatorship, each parent will have exclusive and/or independent legal rights when it comes to their child.
How Does the Court Decide Child Custody?
Another layer to conservatorship is possession and access, most commonly referred to as “child
custody” or visitation. When families cannot agree on a child custody arrangement, the court
must decide what is in the child’s best interest. The court will take into account several factors when making their determination, including:
● The physical and emotional needs of the child
● The relationship each parent has with the child
● The mental and physical health of both parents
● The stability of the home or proposed placement
In some cases, the court may order supervised visitation or require that one or both parents
complete parenting classes before granting them custody or visitation rights. The Family Code
makes no distinction between the mother and father regarding awarding custody, visitation, and
child support.
What Happens if the Custody Agreement is Broken?
If a parent breaks an established child custody agreement, they may face legal consequences.
Depending on the severity of the violation, a judge may order a fine, jail time, or both. In some
cases, a change in custody may also be requested if it is in the child’s best interest.
How Can I Get a Custody Order?
A judge can order custody and conservatorship as part of a:
● divorce case,
● A suit affecting the parent-child relationship (SAPCR case),
● paternity case, or
● family violence protective order case.
Do I Need an Attorney to Help Me With My Custody Case?
However, a conservatorship case does not require hiring an attorney, but it can be complicated.
Talking with an experienced family law attorney about your situation is an excellent way to
better understand the different types of conservatorships, ways to protect your parental rights,
and options for navigating your family law case.
It is essential to talk to an attorney if any of the following are true.
● You are afraid for your or your child’s safety.
● The other parent has committed family violence against you or your child.
● The other parent has an attorney.
● Your case is contested (not agreed).
● You are not sure about the identity of the child’s father.
● Your child has a disability.
Our Houston family law team has years of experience advocating for clients in divorce and child
custody cases. Contact our office to learn more about how we can help you.
Let Our Team at Sterling Hidalgo Law Group Help You
We know how overwhelming and confusing the process of child custody can be. That is why
having an experienced family law attorney by your side is vital during this process. At Sterling
Hidalgo Law Group we have a team dedicated to helping you get the best outcome in your
case. Our team understands the laws and regulations of conservatorship in Texas and will work
tirelessly to protect your rights.
Contact us today to get started by calling 832-710-8799 or filling out our online form for a your consultation.
コメント