The Legal Definition of Child Custody in Texas
According to Texas Law, the court will grant custody to the individual it deems is in the child’s best interest, also known as a conservatorship. This means winning a custody battle requires convincing the court that the child in question’s best interest includes you having custody of them.
What is a Court-Ordered Conservatorship?
The most common order issued by Texas Courts is a Joint Managing Conservatorship (JMC). This type of arrangement means the court has decided that the best interest of the child involves both parents being a regularly active part of their lives.
If this happens, a joint parenting plan will need to be created to establish the logistics of which parent has the child at what time. Typical arrangements include one parent having the child during the workweek and the other having the child over the weekends. The court may also award sole conservatorship to a single parent but still grant the other parent visitation rights.
Besides a JMC, a Texas court may also issue a Managing Conservatorship (MC) or a Possessory Conservatorship (PC). An MC establishes custody very similar to the rights and responsibilities that a responsible parent would have. This includes things like the right to access and possess the child as well as the rights to inheritance and bequeathing assets.
It also establishes the authority to make legal decisions for the child while they are a minor on issues like:
- Medical & Psychological Care
- Religious Beliefs, Morals & Education
- Finances, Employment & Legal Rights
- Consent to Marriage/Enlist in Armed Forces
A Possessory Conservator (PC), on the other hand, is usually only given the right to “visit” the child according to a preset schedule and the right to inheritance/bequeathing assets. Texas Courts will appoint a parent either an MC or PC unless they determine that allowing a parent access to the child would present a danger to their emotional or physical welfare.
Though it is rare, the court does occasionally eliminate a parent’s right to their child as a result of a custody case.
Rights and Responsibilities Regardless of Managing or Possessory Conservatorship
All parents (Both MC and PC) are obligated to support the child and provide clothing, shelter, and food. They also are responsible for the education and the medical care of the child as well as for protecting the child. Each parent is also expected to keep the other parent informed of all significant information about any of these joint responsibilities (health, welfare, education).
Experienced Child Custody Representation in Denton and Cooke County
If you live in Denton or Cooke County and have questions or would like a free consultation with an experienced and affordable Family Law Attorney, call Scott Green, Attorney At Law today.