Child custody matters are often the most emotionally charged part of family law cases. If you are dealing with custody issues, understanding Texas child custody laws is critical. With the help of experienced family lawyers parents can better protect their rights while prioritizing their child’s best interests.
Conservatorship in Texas
Technically, state law does not use the term “custody” in the traditional sense. Instead, the law refers to conservatorship, which defines the rights and duties of each parent. There are two main types:
- Joint Managing Conservatorship (JMC): Both parents share decision-making responsibilities
- Sole Managing Conservatorship (SMC): One parent has primary decision-making authority
Courts in McAllen generally prefer joint conservatorship unless there is evidence that it would not be in the child’s best interest.
Possession and Access
Possession and access determine when each parent spends time with the child. Texas provides a Standard Possession Order (SPO), which outlines a default visitation schedule.
However, courts may modify this schedule based on:
- The child’s age
- School schedules
- Distance between parents
- Special needs of the child
McAllen divorce attorneys often help parents negotiate customized visitation schedules that work better for their families.
Best Interest of the Child Standard
Texas courts base all custody decisions on the best interest of the child. Judges consider several factors, including:
- Emotional and physical needs of the child
- Each parent’s ability to provide stability
- History of domestic violence or substance abuse
- The child’s preference (if age-appropriate)
No parent is automatically favored based on gender. Fathers and mothers have equal standing under Texas law.
Child Support and Custody Are Separate Issues
It’s important to understand that custody and child support are separate legal matters. A parent cannot deny visitation because the other parent fails to pay support, and support cannot be withheld because visitation is denied.
An experienced family law attorney can help enforce court orders and protect parental rights.
Modifying Child Custody Orders
Custody orders are not permanent. Texas law allows modifications if there has been a material and substantial change in circumstances, such as:
- A parent relocating
- Changes in the child’s needs
- Safety concerns
Our lawyers in McAllen can assist with custody modifications while ensuring compliance with court requirements.
Final Thoughts
Navigating Texas child custody laws can be overwhelming, especially during emotional family transitions. Understanding your rights and obligations is essential. By working with knowledgeable Barrera Sanchez & Associates, P.C., parents can pursue custody arrangements that protect their children’s well-being and their own parental rights.