Child custody is a complex issue that involves a lot of paperwork, legal nuances, and emotional turmoil. Understanding the different types of conservatorships and the factors affecting the court’s decision can help you navigate this challenging process more smoothly. Also, knowing how legal benefit plans, such as a Texas Legal plan, can aid you during child custody proceedings is crucial, as it can potentially save you a significant amount of money.
What does custody mean?
Custody, legally known as conservatorship, describes a parent or guardian relationship with a child when there is a court order. Different types of court orders would require conservatorship to be given, such as:
- Order in a Suit Affecting Parent-Child Relationship (SAPCR)
- Paternity Establishment Order
- Divorce Decree (This is if the divorce includes children)
- Emergency Order involving the Department of Family and Protective Services (CPS)
Understanding Joint and Sole Conservatory
We often hear the terms full and partial custody when discussing conservatorship, but the terms used in court fall under Joint and Sole Conservatorship.
Joint Custody
In most SAPCRs, both parents become Joint Managing Conservators (JMCs). Joint Conservatorship means that both parents share decision-making about the child, such as medical care, education, and other big decisions.
However, despite the name, this doesn’t necessarily mean that parents get the child equally or both get the final say. Typically, one parent can have the final say on decisions such as the child’s primary residence; this parent is known as the managing conservator, primary conservator, or custodial parent. The other parent is known as the possessory conservator or the noncustodial parent. In JMCs, the possessory conservator parent is responsible for paying child support and has parental and visitation rights.
Sole Custody
Sole custody, also known as Sole Managing Conservatorship, occurs when the court orders one parent to be the Sole Managing Conservator. In this position, the SMC parent can limit or even restrict certain decisions about the child from the other parent if deemed fit.
Visitation in Child Custody Cases in Texas
Another term we often see in child custody cases in Texas is visitation. Visitation, access, and possession are all terms used to define each parent’s set time schedule with a child. Parents typically get their visitation guidelines in a Standard Possession Order (SPO).
The Standard Possession Order sets the days and times the child goes with the noncustodial parent. This allows the parents to understand the timing and where exchanges occur.
Top Deciding Factors in Custody Cases
Several factors can affect the court’s decision on child custody. Some of the most common ones seen in different custody cases in Texas include:
- The child’s needs and development: The court considers the child’s specific needs, including any special care the child may need.
- Parenting ability: The court evaluates each parent’s ability to care for the child; here, they evaluate different abilities, including the parent’s capacity to provide emotional support, stability, and appropriate discipline.
- Parenting programs available to the parent: If either parent is willing to participate in certain parenting programs, it can influence the court’s decision.
- Physical and emotional safety of the child: The court considers each parent’s ability to provide a safe and stable home environment for the child.
- Stability of potential homes: The court looks at the stability of the homes the parents can provide.
- Actions that demonstrate an improper parent-child relationship: If a parent has demonstrated behavior that suggests an inappropriate or harmful relationship with the child, it will impact the custody decision.
How do I begin a child custody case in Texas?
Legal custody cannot be granted without a court order. In this case, the parent must submit a summons for the court orders listed above. Then, the court can begin the custody case.
How do I prepare for a child custody case?
It is important to be well-prepared in a custody case, even though it can be a daunting topic. To start, you should familiarize yourself with the child custody laws in Texas. Once you have a clear understanding of these laws and family codes, it is recommended that you gather all relevant records, witnesses, and evidence that could support your case. Once you have all your documents, locating and consulting with an attorney is a good idea. This can be done through research or by using Texas Legal’s Online Attorney Finder.
How Texas Legal Can Help in Child Custody Cases
Texas Legal offers benefit plans to help Texans save on attorney costs during child custody hearings and other unexpected legal events. On average, without a Texas Legal benefit plan, a child custody case can run anywhere from $2,000 to $40,000. However, with the right plan, you can significantly reduce these costs and ensure that you have the best possible representation during your case. Texas Legal is a nonprofit organization aiming to make legal representation more affordable and accessible for everyday Texans.
In conclusion, understanding the legal landscape of child custody in Texas can be intimidating. However, you can navigate this process more confidently and effectively with the right information and support. Whether you’re a parent researching to understand your rights or seeking ways to minimize the financial impact, Texas Legal provides beneficial plans and resources to make your child custody journey less stressful.
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*The Family Law benefit under the Secure and Preferred Plan covers participating attorneys’ billable time (up to 15 hours if uncontested) for modification, enforcement, or establishment of Family Law orders (OR up to 20 hours if contested). Please reference plan documents for other Family Law benefits limits. NOTE: all divorce, custody, and modification benefits cover the primary policyholder only. For more details regarding your specific plan and available benefits, please contact Texas Legal at 1-800-252-9346 or members@texaslegal.org.