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(833) 553-4251
(833) 553-4251 Schedule a Meeting 
(833) 553-4251
(833) 553-4251 
Schedule a Meeting (833) 553-4251
(833) 553-4251 (833) 553-4251 (833) 553-4251 Parents who decide to live apart must decide how they will co-parent their children. These decisions are often the most emotionally challenging aspects of a divorce or breakup.
Contact an Austin child custody lawyer for help navigating these issues with a spouse or former partner. A legal professional can explain the legal options and help you advocate for the outcome that serves your children best.
The terminology surrounding what was once known as custody and visitation has changed considerably, and Texas has its own unique vocabulary. Child custody is also called “conservatorship.” Conservatorship laws outline the legal rights and responsibilities a conservator has as the child’s parent, such as the right to:
Texas Family Code § 153.002 requires all decisions concerning children to prioritize the children’s best interests. Typically, a judge will determine conservatorship unless both parents can mutually agree on a child custody plan with the help of an Austin attorney, in which case the court will simply need to approve the written agreement. A judge’s primary concern when determining conservatorship is the best interest of the children.
In Texas, there are two main types of conservatorships: joint managing conservatorships (JMC) and sole managing conservatorships (SMC).
The state presumes that both parents will be named as joint managing conservators, meaning both parents will share the rights and responsibilities for the child. These responsibilities, among other parental duties, will be outlined in detail by the court. However, one parent may still be granted the right to exclusively make decisions for the child in this case.
One thing to keep in mind about JMCs is that they do not automatically insinuate that both parents will split their time equally with the child. These custody and visitation rights are outlined in a separate visitation order known as a standard possession order (SPO). Ask an Austin lawyer more about this custody plan and the SPO if you think they may be good options for your child(ren) and family.
This is an agreement where the court grants only one parent these parental rights and responsibilities, including the ability to make decisions on the child’s living arrangements, health care, education, and extracurricular activities. An SMC will also be listed as the child’s emergency contact for school-related or other activities. SMCs are typically the recipients of child support as well.
Generally speaking, courts only designate one parent as the SMC in relatively extreme circumstances, such as if one parent has a history of violence, neglect, or substance abuse; if one parent has largely been absent from the child’s life; or if both parents bitterly disagree on religious, educational, or medical values.
There are sometimes legal complications that arise in child custody matters, including the following.
When parents are unmarried, only the mother is the legal parent to any children the relationship produces. The father gains parental rights when both parents sign an Acknowledgment of Paternity when the child is born or sometime later.
When both parents sign the Acknowledgment, the father’s custody rights are the same as the mother’s. When one parent does not sign, a man who seeks custody rights must petition a court to declare him the child’s father.
Parents sometimes seek sole managing and possessory conservatorship of their children because they allege their children’s co-parent is unfit or dangerous. Texas Family Code § 153.004 directs a judge to consider evidence of intentional physical violence or sexual abuse toward a spouse or anyone under 18 that occurred within two years of the proceeding.
The court can require visits to be supervised if there is evidence that being alone with the parent might be harmful to the child. The law specifically states that when a child is conceived through rape or sexual abuse, regardless of the relationship of the parents at the time of conception, the abuser has no parental right to conservatorship.
Determining child custody can be a contentious and emotionally taxing ordeal, which is why you need a seasoned Austin attorney to guide you every step of the way. Kimbrough Legal, PLLC, helps parents navigate this complicated legal terrain so that children can thrive under the new agreements set up by a divorce.
When judges make custody decisions, they are required to use a standard known as “the best interest of the child.” As the name suggests, the courts must determine conservatorship based on what is right for the juvenile in question.
There are multiple factors taken into account when applying this child custody standard that an Austin lawyer could explain, including:
A judge has the discretion to look beyond these factors when making a decision. In general, the court evaluates the circumstances for any warning signs that the relationship between a parent and child is not appropriate.
When it comes to custody cases, Texas law presumes certain factors, meaning judges accept specific facts as true unless there is evidence to the contrary. Understanding these presumptions could have a significant impact on the outcome of your case.
For starters, the law presumes that a parent is acting in a child’s best interests. This presumption protects the natural rights of the parent, assuming they are more likely to act in a way that protects their child compared to a third party.
There is also a presumption that the child benefits from joint managing conservatorship, and judges assume the right course of action is for both parties to share in caring for their child and making important decisions on their behalf. For children aged three and older, the law also presumes it is best to use the SPO.
A presumption could have a major impact on a custody case, but there are options to challenge it. Rebutting a presumption requires evidence to dispute that the order in question is in a child’s best interests, and an Austin attorney could be a great resource for gathering this evidence for your custody case.
For example, there are times when joint managing conservatorship is not what is best for a child. In cases where one parent has a history of abuse or neglect, evidence of their abusive history may be used to rebut the presumption. This could include anything showing that following the presumption might impair the child’s physical or emotional health.
Over time, the terms of a child custody order that you originally felt to be fair could become one-sided. There are only two situations where the court considers a request to modify a custody order. The first is when there is a material change in life circumstances, and the second occurs when a child of at least 12 years of age expresses a desire for a change.
Not all life changes are considered material. To qualify for modification, the circumstances around your child’s life must shift substantially. For example, following allegations of abuse or a serious illness, a change to your custody order may be granted.
Once children reach the age of 12, Texas courts give them more consideration regarding where they live. Although a judge is not required to grant their request, these juveniles have the right to be heard if they want to with the other parent. In any of these situations, it is up to the judge to determine if modification is necessary.
A child custody lawyer in Austin could help you better understand if your order qualifies for a change.
Giving up time with your children is heart-wrenching for most parents. Cooperating with your co-parent to establish a workable plan benefits the children and helps them adjust to their parents living apart. Unfortunately, this is neither possible nor desirable in some situations.
Reach out to an Austin child custody lawyer for advice, guidance, and support on all matters pertaining to the conservatorship of your children. Call today to schedule a consultation.
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