8Child Custody Cases from Our Divorce Attorney

It is essential to have a comprehensive understanding of the regulations if seeking child custody in McAllen. Compared to other states, there are different guidelines and statutes concerning child custody cases. Here are eight things that affect child custody laws in Texas, helping you make informed choices for your child’s well-being.

Types of Custody Arrangements

Texas has two primary types of custody arrangements. Conservatorship and possession and access. Conservatorship determines the rights and responsibilities of parents, while possession and access dictate the physical custody and visitation schedule.


Texas recognizes two types of conservatorship: joint managing conservatorship (JMC) and sole managing conservatorship (SMC). JMC means both parents share decisions, while SMC gives one parent more decision-making power.

Factors Considered by the Court

When determining conservatorship, Texas courts prioritize the best interests of the child. Factors considered for child custody include physical/emotional needs, stability, domestic violence history, and child’s preferences if mature.

Possession and Access

Possession and access refer to the physical custody and visitation schedule. In Texas, the standard possession order (SPO) is a common visitation schedule that includes holidays, weekends, and summer vacations. However, parents can agree on customized schedules if they serve the child’s best interests.

Modifications and Enforcement

Circumstances may change, necessitating modifications to existing custody orders. To change custody, a parent needs to show a big change and that it’s best for the child. Texas courts also enforce custody orders, and non-compliance can result in legal consequences.

Parental Rights and Obligations

Texas law recognizes parents’ specific rights and obligations towards their children, regardless of the custody arrangement. These rights include the right to access the child’s records, make educational decisions, and participate in the child’s upbringing. Parents also have a legal obligation to provide financial support for their children.

Alternative Dispute Resolution

Texas courts encourage parents to resolve custody disputes through alternative dispute resolution methods such as mediation or collaborative law. Requesting a mediator and family attorney in McAllen can help. These processes help people work together to make agreements that are best for the child and minimize emotional impact.

Seeking Legal Assistance

Navigating child custody laws can be challenging, especially during emotionally charged situations. It is advisable to consult with a family law attorney who specializes in child custody matters. Our lawyers at Barrera Sanchez and Associates can assist you with legal matters. They can also protect your rights and explain the legal process to you.

Key Takeaways

  • Texas has two primary types of custody arrangements: conservatorship and possession and access.
  • Texas courts consider the child’s needs, parent’s abilities, domestic violence history, and child’s preferences when deciding conservatorship.
  • Possession and access dictate the physical custody and visitation schedule, with the standard possession order (SPO) being common.
  • Modifying custody orders require significant changes and consideration of the child’s best interests.
  • Texas supports mediation and recommends consulting a child custody lawyer for help with resolving disputes.

Contact our McAllen Family Lawyers about Child Custody Cases

With our expertise in family law and deep understanding of the complexities involved in child custody cases, we have a proven track record of success. We will fight tirelessly to protect your rights and prioritize your child’s best interests. Don’t leave the outcome of your custody case to chance. Contact our McAllen family lawyers.

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