When couples with children get divorced, there is a child custody hearing to decide on matters pertaining to raising and providing for those children. It is important for couples to work with a qualified attorney in their state for the best outcome. A Texas child custody attorney is prepared to explain the different types of custody to clients and help them have a good resolution based on Texas state laws concerning child custody.
Custody and Custodial Preference
There are three types of child custody awarded by courts – joint, sole, and third party custody. In Texas, custody is referred to as conservatorship. The courts generally prefer to award joint conservatorship to parents, unless there is a valid reason why this should not be done. A child custody attorney states that custodial details normally favor both parents being equally involved and responsible in raising their children, along with associated financial, educational, health, and personal requirements.
An attorney advises that the court can also assign sole custody to a parent if one parent is proven to be particularly unfit or unable to take appropriate responsibility for their child. In the rare case that both parents are deceased, neither parent is found to be responsible, or a child has already been living with someone else for over six months, grandparents and certain other individuals may be able to file for custody. These circumstances must be carefully negotiated with the help of a qualified child custody attorney.
Determining Conservatorship In Texas
It has been noted by an attorney who handles child custody cases that Texas courts strive to award a conservatorship arrangement in the best interest of the child. This is decided using a number of factors, including the child’s desires, parenting abilities of each adult, current emotional and physical health of the child and the parents, home stability, and other conditions that may affect the well-being of the child.
It is also noted by a child custody attorney that consideration is given as to whether a parent is able to properly raise the child, is willing to encourage a healthy relationship between the child and the other parent, and other pertinent factors. The court must see that parents can provide and be responsible for their child and are willing to put differences aside and place the needs of their child first regardless of the custodial arrangement.
Modification of Custody Agreements
The Texas court permits the modification of custody agreements in certain instances. This includes parents who wish to make a change to which both agree or if there is some kind of permanent, and substantial change in the current custodial arrangement that could negatively impact the child. This would warrant reconsideration and a potential change in custody. Additionally, a child who reaches the age of 12 may request to live with the parent of their choice, although the courts must approve this request.
This is a basic look at child custody and conservatorship in the state of Texas as well as how sensitive family matters are decided. Custody hearings have a huge impact, so representation by a skilled attorney is critical. Parents seeking the best outcome for their children must understand how the courts determine best interest and how to prove that, which is best accomplished through the guidance of an experienced child custody attorney!
Reynaldo G. Garza, III
680 E. St Charles, Suite 600
Brownsville TX 78520