What Is a Custodial Parent in Austin, TX?

What Are Common Child Custody Arrangements in Austin, Texas?

Texas law uses “conservatorship” instead of “custody” to describe the legal relationship between parents and their children. There are three primary types of conservatorships:

Joint Managing Conservatorship (JMC)

This arrangement allows both parents to share the rights and responsibilities of raising their child. Decision-making is typically shared, but one parent may be granted the exclusive right to determine the child’s primary residence. JMC is the most common conservatorship arrangement in Texas. It also allows both parents to remain involved in their child’s life and decide matters related to medical decisions, education, and religious upbringing.

Sole Managing Conservatorship (SMC)

One parent is granted exclusive rights to make significant decisions for the child, including those related to education, medical care, and religious upbringing. The other parent typically retains visitation rights as the possessory conservator but does not have decision-making authority. A court may consider SMC in cases where one parent has a history of family violence, substance abuse, or prolonged absence from the child’s life.

Possessory Conservatorship

A possessory conservator is a person who has visitation rights but does not have the authority to make significant decisions regarding the child’s upbringing. There could be one or more possessory conservators, depending on your situation. This arrangement is common when one parent is designated as the sole managing conservator.

How Do I Obtain Custody of a Child in Austin, Texas?

Securing custody, or conservatorship, over a child in Texas involves the court determining arrangements based on the child’s best interests. The steps include:

Filing a Suit Affecting the Parent-Child Relationship (SAPCR): A SAPCR is a legal action used to request that a court establish custody, visitation, child support, and medical support orders. It is appropriate for parents who are not married or those who do not wish to file for divorce but want legal orders regarding their child.

Establishing paternity: Legal paternity must be established before custody orders can be made for unmarried parents. This can be done voluntarily through an Acknowledgment of Paternity or through court proceedings, which may involve DNA testing.

Negotiating a parenting plan: Parents are encouraged to collaborate on a parenting plan that outlines custody arrangements, visitation schedules, and decision-making responsibilities. Any agreement that is reached can be submitted to the court for approval. If an agreement is not reached, the court will determine the arrangement in the child’s best interests.

Attending court hearings: If parents cannot agree, the court will hold hearings to evaluate what decision is in the best interests of the child. This includes looking at factors such as each parent’s ability to care for the child, the child’s needs, and any history of abuse or neglect. The court will then issue orders regarding conservatorship and possession, which may include restrictions on where your child can live in Austin.

Texas courts prioritize the child’s best interests in all custody determinations. Factors considered include the child’s physical and emotional needs, the stability of each parent’s home, and the ability of each parent to provide a safe environment for the child.

Working with a child custody lawyer is highly recommended to navigate the challenges you may encounter in custody proceedings. An Austin child custody lawyer can help you present a compelling case for conservatorship that is in your child’s best interests.

Trying To Establish or Modify a Child Custody Arrangement? Contact an Austin Child Custody Lawyer Today

Understanding the nuances of child conservatorship in Texas and the distinctions between sole managing and joint managing conservatorships are important for navigating the family law system in Austin, Texas. Whether you are trying to establish or modify a custody arrangement, prioritizing your child’s well-being and maintaining open communication can lead to more favorable outcomes for all parties involved. Schedule a consultation with an Austin child custody lawyer today to help with your situation.

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What Is a Custodial Parent in Austin, TX?