Mothers’ Rights in Texas Child Custody
The court may also consider past or potential harm or abuse to the child perpetrated by the parents, as well as any evidence that suggests the an improper relationship between a parent and child. If the child is over age 12, the court may consider the child's preference and accept testimony about where the child wants to live. The court encourages parents to work together to create a custody and visitation plan before the judge has a conservatorship custody hearing.
A parenting plan should detail which parent the child will live with during the week, on weekends, holidays, and school breaks.
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The noncustodial parent should have a significant amount of visitation with the child. The judge will likely adopt the parents' plan if it is in the child's best interests. If the parents have one or two issues they disagree on, they may then ask the judge to help them determine the best schedule. For example, a holiday schedule may state that one parent has visitation with the child on Thanksgiving in odd years and the other parent will have visitation on Thanksgiving in even years, but the parents may not agree on Christmas.
If the court sees that the parents are cooperating, the judge is more likely to work with the parents to make sure the schedule works for everyone. Once a custody and visitation order is in place, it generally cannot be modified unless both parents agree to modify it, or there is a significant change in circumstances for the parents or the child.
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The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support. In a sole managing conservatorship, the child will live with one parent.
If there is a history of violence, then the non-violent caring parent will almost certainly get sole managing conservatorship of the child. Texas likes to encourage parent collaboration. Collaboration means the parents will both make decisions as how the child will be raised, how the child will be educated and how, when necessary, the child will be disciplined. The child will stay with one parent but the other parent will spend much time with the child. When both parents live nearby or they really get along, the time spent with each child by the different parent can be almost equal.
Texas likes for both parents to live near to the child.
Frequently Asked Texas Child Custody Questions | Cordell & Cordell
It will rule that the primary residence is with one parent. It will then rule, though, that there is a geographical limit on the primary residence. The court order will say, for example, the primary residence has to be in the same county, a group of counties or the same state Texas as where the other parent lives. As part of the custody lawsuit, each parent will present a plan for the rights and duties of each parent.
The court will then review the two plans. If the plans are identical, then the court will likely go with the plan the parents have agreed to. If there are differences, then the court will prepare their own plan, using the competing plans as a starting point. Some common items in a plan are these:. Give us a call at or request our book on what you need to know about child custody in North Texas. General Guidelines Custody. The key for every custody decision in Texas is what is in the best interest of the child.
Unmarried Mothers Automatically Have Custody
It is not what is in the best interest of the parent. Texas law uses different terms than other states for custody matters. Other states use terms like joint legal custody and sole custody. The first term is joint managing conservatorship. Here, both parents will have input into how the child is raised. The second term is sole managing conservatorship. Here, one parents makes the key decisions. In most cases, the child children will live with one parent the residential parent while the other parent will have visitation rights. Visitation rights means the child will stay with the non-residential parent periodically.
A typical visitation schedule might include alternate weekends, alternate holidays and vacation time. Texas has standard visitation schedules that it likes to use depending on where the parents live.
Sole Managing Conservatorship in Texas Custody Cases In a sole managing conservatorship, the child will live with one parent. Parenting Plan As part of the custody lawsuit, each parent will present a plan for the rights and duties of each parent. Follow Us. Google Rating. Angela MyLife 07 Jun We worked with Chris and other staff. Chris from the start really worked with us as we were unsure what to do next and what was the best option for us.
Chris spent a great deal of time with me on the phone, over email as well as meeting with my husband and I in his office. It can be scary to have the unknowns as we did and he really helped. When dealing with things you just don't know about you have to find someone you can trust to lean on and let them handle it; you can't be an expert on everything. The staff were so helpful and there was never a question on what we needed to get them or needed to do during the process.