Divorcing can be a strenuous process, especially with children involved. You won’t just separate assets, but who is given custody rights over your child? If you are going through a dispute with our child custody lawyers in McAllen, it is essential to understand your rights and the legal process involved.
Our child custody lawyers in McAllen can:
- Advise you on your rights
- Represent you in court if necessary
- Help you negotiate a custody agreement
With the help of our skilled child custody lawyers in McAllen, you can ensure that your children’s best interests are protected and that you have a fair and just custody arrangement. We want to share five common questions parents have about child custody.
What are the Different Types of Custody
● Sole Managing Conservatorship means one parent has exclusive rights to decide about the child’s upbringing, including education, healthcare, and religion. The other parent may have visitation rights.
● Joint Managing Conservatorship is when parents share decision-making for the child’s upbringing. However, one parent may be designated as the primary caregiver and can choose the child’s residence.
● Possessory Conservatorship refers to one parent having the right to spend time with the child but not have decision-making authority.
● Split Custody is less common in Texas and involves one parent having custody of one or more children while the other parent has custody of the remaining children.
How is Child Custody Determined in Texas?
In Texas, the court’s primary concern in child custody cases is the child’s best interests. The court will consider several factors when making a custody determination, including:
● Any history of family violence.
● The parents’ ability to care for the child.
● The child’s emotional and physical needs.
● The stability of each parent’s home environment.
● The child’s preferences (if the child is of a certain age and maturity level).
● The willingness of each parent to encourage a relationship between the child and the other parent.
Texas law also presumes that it is in the child’s best interest for parents to be named joint managing conservators, meaning they share decision-making responsibilities for the child’s upbringing. However, the court may still award sole managing conservatorship to one parent if it is determined to be in the child’s best interest.
If both Parents Share Custody, Does Anyone Pay Child Support?
In Texas, even if both parents share custody, one parent may still be required to pay child support if they are not the primary conservator. The court will consider the income of both parents and other relevant factors when deciding.
Do Courts Judges Favor Mothers over Fathers?
There is no preference for mothers or fathers in conservatorship cases in Texas. The custody determination is solely based on the child’s welfare and not on the gender of the parent. The court’s main priority is to ensure the child’s best interests are met and who can provide the best care and support for the child.
Can a Parent Refuse to Allow Visitation?
If a court judge permitted visitation rights to a parent, both people involved should follow that order. However, denying visitation could lead to legal consequences such as:
- Potential jail time.
- Being held in contempt of court.
- Paying fines for failing to adhere to an order.
Call for a Free Consultation with Our Child Custody Lawyers in McAllen
Our team of experienced lawyers has a proven track record of success in handling various legal matters involving family law. Call to get a free consultation today.