Divorce is almost always a complex and emotionally difficult process. When there are children involved, the separation can become exponentially more complicated. As a parent, your primary concern is your child—will your son or daughter be able to live with you? Will you be able to make decisions about his or her wellbeing? How does the court determine child custody? What will the future look like for your family?
The Austin child custody attorneys at Walters Gilbreath, PLLC can help you navigate this process. While we have extensive experience in all aspects of child custody and conservatorship law, we understand that every situation is unique. Our lawyers take the time to listen to you and work to understand your particular goals and needs. From there, we strive to secure the best possible outcome that promotes the stability and security of your child.
To speak with one of our attorneys about your child custody case, contact our firm at (844) 451-1220 today.
Types of Child Custody in Texas
Texas recognizes two primary types of child custody, or conservatorships. Joint managing conservatorships are somewhat more common than sole managing conservatorships but, in every instance, the court will rule in favor of the child’s “best interests” (as determined by the court). In a joint managing conservatorship, both parents are granted the right to make decisions on behalf of the child, and the child will likely be able to spend time at both parents’ homes. In a sole managing conservatorship, on the other hand, these rights are granted to just one parent.
Some of the rights of each parent determined by the court in a joint managing conservatorship include the right to:
- Obtain/consent to medical treatment, including emergency care, for the child
- Secure information from the other parent about the child’s health, welfare, schooling, etc.
- Access the child’s medical and dental records and/or history of medical care and education
- Spend time with the child, including time spent in each parents’ home
- Receive child support payments (typically granted to the primary conservator)
- Attend the child’s extracurricular or school-related activities and/or events
- Speak to the child’s doctors, teachers, and other professionals about the child
This list is not exhaustive; each case is different and the specific rights granted by the court in your child custody case may vary depending on the unique circumstances present.
Can Child Custody Arrangements Be Changed?
Texas allows for modifications to conservatorships under certain circumstances. One of the most common reasons for a modification to a child custody arrangement is a substantial change in circumstances in one or both parents. For example, if one parent gets a new job and must relocate or if one parent remarries and moves into a new home, either this parent or the other parent may request a modification. Additionally, once the child turns 12, he or she may be able to decide which parent he or she would like to live with. Again, it is important to keep in mind that the court will only grant a modification if it determines that doing so is in the best interests of the child.
Whether you are just beginning the divorce process, are in the midst of a child custody battle, or wish to modify a conservatorship order, our firm can help. The Austin child custody lawyers at Walters Gilbreath, PLLC are here to answer your questions, address your concerns, and help you navigate every step of the legal process.
Call us at (844) 451-1220 or fill out an online contact form to request your initial consultation today.