The legal system can seem overwhelming. This is especially true if you are undergoing an emotional or stressful situation concerning child custody. For these reasons it can be helpful to talk with a family law lawyer about your particular situation. Your lawyer can help you by explaining your rights and options.
The terms and legal forms you have to deal with during a child custody case are less important when compared to your case, but they are vital to understand and fill out correctly. We can help make this process easier and understandable.
In Texas, the legal word for custody is “conservatorship.” Custody, or conservatorship, describes your relationship with a child when there is a court order. Legal custody can only be created by a court order. Without a court order, there is nothing for a judge to enforce. Each parent is free to take the child at any time. A person with court ordered custody of a child is called a “conservator.”
There are three types of conservators:
- Joint Managing Conservator
- Sole Managing Conservator
- Possessory Conservator
Custody/conservatorship can be ordered by a judge as part of a divorce case, suit affecting the parent-child relationship case (SAPCR case), paternity case, or family violence protective order case.
Texas law presumes that both parents should be managing conservators. The judge can consider a history of domestic violence, and the amount of time the parent has spent with the child when considering limitations on rights and possession. The adult who is appointed the “primary managing conservator” or custodial parent has primary custody of the child and determines where the child will live. This parent also receives child support from the other parent who is the noncustodial parent. Every noncustodial parent has very specific rights to spend time with the child written out in the court order. Texas law calls this parenting time possession rights that are presumed to be in the best interest of the child. The judge can change these possession rights if that is best for the child.
If you have a child custody case and need help ensuring the best interests of the child are considered, then reach out to a lawyer for professional advice. The experienced professionals at The Barrera Law Firm can provide knowledge when you need it.
For more information call The Barrera Law Firm for a free consultation with a qualified attorney at (956) 428-2822 or contact us online.
