Whether you are in the process of divorcing or separating from a domestic partnership, deciding how to handle child custody can be one of the most challenging and contentious issues. Even if you are ending your relationship in an amicable manner, determining what is the best situation for your kids can become a highly emotional topic, especially when both you and the other parent want custody rights. Children can often find themselves in the middle between their two parents, causing them additional emotional distress regarding this new change in their lives.
Working with a Little Elm divorce lawyer from Youngberg Family Law can help assess your circumstances and create a proposed solution that best fits the needs of your child or children, which is what the Texas courts will be focused on in determining the case. We will help mediate the conversation between both parents and temper any emotions that threaten to get in the way of what is really important–the best interest of the child. Our firm is focused on family law because we want to protect what matters most. Contact us today and work with one of our trustworthy, strong, and compassionate child custody lawyers to get started on your case.
Parental Custody Rights in Little Elm, Texas
Determining custody rights when parents are ending their relationship is a critical step. In our great state, the courts will determine custody based on the best interest of the child under Texas Law Family Code Chapter 153.002. While most parents agree with that principle, it is important to build a strong case to support your proposed plan of custody. If the other parent decides to manipulate the truth or fight for sole custody, your Little Elm child custody lawyer will work tirelessly to support your case and provide proof to back it up.
The safety of the child can be called into question due to past experience of the other parent showing signs of substance disorders, domestic abuse, or abandonment issues. Our team has witnessed these issues firsthand and is dedicated to guiding our clients in those difficult situations. Various options exist regarding child custody and visitation rights, which you can discuss with your child custody attorney to determine what might work out best for you and your child.
Under Texas law, child custody is broken into three types: Joint Managing Conservatorship, Sole Managing Conservatorship, and Possessory Conservatorship. Legal custody or conservatorships is established by a court order. A parent is considered a conservator when the court makes a determination of child custody.
Joint Managing Conservatorship in Little Elm, Texas
Texas law states that an ideal situation is where both parents are conservators of their child, allowing the parents to share in critical decisions regarding the child and establishing parental rights (153.074) for each parent when the child is under their care. These decisions typically include how and where a child is educated, whether the child will be raised with certain religious beliefs and any decisions regarding medical treatments and interventions.
This conservatorship may choose to define the role of each parent as custodial and noncustodial. This designates a primary custody role as well as the rights of a custodial parent in Texas. Joint managing conservatorships do not determine a set amount of time a child will spend with each parent. That is determined by a possession order and happens in addition to this designation. Factors pertaining to creating a joint managing conservatorship include:
- Any present or future dangers to the child in the present or future
- The child’s predilections, should they be old enough to weigh in
- Whether either or both parents have the ability to provide a stable home
- The child’s current and future needs, emotionally and physically
- If the child adjusts well to a new environment, schools, and living arrangements
Sole Managing Conservatorship for Parental Custody
If a joint managing conservatorship is not possible due to the desires of one parent not wanting custody or if they are unfit for the role, a sole managing conservatorship can be set up for one parent to take sole legal rights and responsibilities over the child’s care, medical choices, education, and other crucial decisions. Creating a sole conservatorship does not always imply fault with the other parent but rather can present as the ideal situation for the child’s best interests. The court may award this type of conservatorship based on evidence such as:
- A history of family violence by the other parent
- A history of child abuse or neglect by the other parent
- Alcohol or substance use disorder from the other parent
- The existence and stability of each home
- A parent’s relationship and amount of involvement with the child
- The child’s current and future emotional and physical needs
In this conservatorship, the other parent may have visitation and other parental rights, described as a Possessory Conservator.
A Possessory Conservatorship Relationship
When one parent is named sole managing conservator, the other parent is typically named a possessory conservator or non-custodial parent. This grants them rights as a parent but allows the sole conservator parent the right to retain responsibility and decision-making over the child’s life and well-being. The goal of this conservatorship is to allow a parent-child relationship to continue to grow and be a present factor in the child’s life.
A possessory conservator will still maintain the following rights as a parent:
- The right to work with the sole conservator to make critical choices regarding the child, even while the sole conservator retains final authority
- Access to information about the child’s well-being, such as medical, dental, and educational records
- The right to attend sporting events, school activities, and other school and extra-curricular functions their child is involved in
- Power to consent to emergency medical care if the child is hurt while the possessory conservator is exercising their visitation rights.
Possessory conservators are often granted rights of visitation, also called possession of and access to a child under Texas Law. However, this is a separate order from the judge and is typically ordered along with a visitation schedule. Based on the age of the child, a judge will use certain guidelines to create a standard possession order or create a visitation schedule based on what they think is appropriate for the unique situation. Be sure to discuss your desires regarding conservatorships and visitation with your Little Elm child custody attorney to determine the best approach.
Visitation Rights and Parenting Time Schedules in Little Elm, TX
Maintaining a presence in your child’s life through quality time is the best way to establish a strong connection with them and be sure that they are being well cared for by their primary custodial parent. If you are not the child’s primary custodial parent, we understand your desire to ensure that you stay connected and do not have to deal with issues caused by parental alienation down the road. Whether you end up sharing custody but are not the primary or just have visitation rights through a possessory conservatorship, it is important to establish a schedule and what your rights are.
Standard Possession Orders
With a Standard Possession Order, parents will have to work to determine an appropriate schedule of time for the primary and other parents to maintain custody. Often, the primary will have rights during the school week to provide stability for the child, with the other parent getting rights on weekends or a few weekends of the month. Parents will sometimes disagree on the amount of time that each will receive with the child, which is when it can be beneficial to develop a parenting time schedule based on the Texas Attorney General’s guidelines, which take into consideration how far each parent lives away from one another.
If parents are unable to come to a satisfactory agreement on possession, the court will issue a modified possession order that attempts to find the ideal situation and ensure the child’s best interest is met. If a child is under the age of three, the Standard Possession Order will not apply because the needs of a younger child vary so much more. When a child turns three, you can work with your child custody law firm to modify these orders to establish either Standard Possession or a different order that better fits your child’s situation.
Supervised Possession Orders
When a child’s safety may be at risk, the judge may order a supervised possession order which requires that a parent’s time with the child be supervised at all times. This may include specifications regarding supervision from a family member or a neutral third party such as a private agency. If an agency is involved, the visiting parent may be required to manage paying the associated fees.
Your child’s safety is the number one priority, and working with a Little Elm child custody law firm can help ensure that you have the best chance at securing that. We have years of experience negotiating some of the most difficult child custody cases such as enforcing supervised possession as well as no visitation orders. It is important to discuss with your child custody lawyer any concerns you might have regarding your child’s safety with the other parent.
Types of Dispute Resolution for Child Custody Cases in Little Elm, TX
In cases where parents are struggling to come to a civil agreement regarding their child, your legal representation or the courts may be able to step in and help. Ask your Little Elm, TX, child custody lawyer about different options for alternative dispute resolution options that might work for you. You may wish to attempt all possible courses of resolutions before going to court, as the judge’s ruling will be final. Types of alternative dispute resolutions include:
- Mediation – Mediation is a common form of alternative dispute resolution where parents work with a neutral third party to act as a mediator, sometimes not in the same room. This allows each parent to present their case and uses negotiation and mediation techniques to bring each toward a middle-ground agreement.
- Collaborative Practice – Each parent has a lawyer who is specifically trained on negotiating custody issues and works with additional experts such as financial professionals, divorce counselors, and child specialists to work towards compromises and agreements.
- Arbitration – Similar to mediation, arbitration uses a neutral third-party but ends with the arbitrator making a determination for the parents regarding the child’s best interests. This determination will then be confirmed by a court to become an enforceable order.
If you are in a high-tension situation with the other parent in your custody case, consider these types of dispute resolution before going directly to court. Ask your child custody attorney in Little Elm about your options and legal rights in dispute resolution.
Modifications to Child Custody Possession and Visitation Orders
If life circumstances change for you, the other parent, or your child, you may wish to consider modifying your possession and visitation orders. This is done by going to the court that issued the original agreement and requesting a modification. Here are some situations where you may wish to consider modifying your child custody-related orders:
- If a job change has significantly taken more of your time and you need to have the other parent take on more time with the child
- If a child has recently turned three years old and you wish to revise the possession order the judge issued and change it to a Standard Possession Order
- If one parent has to relocate a significant distance away, which could change the possession order
- If the other parent has shown concerning behaviors such as substance abuse, violent behavior or is unfit to parent in some other manner
If you have questions regarding changes or modifications to your possession and visitation orders, contact your child custody attorney at Youngberg Family Law. We will work with you to determine your legal rights and the best approach for requesting a modification from the court. If you are moving out of state with joint custody, this could also greatly affect the possession orders you are under and the jurisdiction that will determine your case. Speaking with one of our lawyers can help you figure out how and where your court orders need to be modified.
Get Compassionate & Strong Support from Our Little Elm Child Custody Attorneys
If you are a parent looking for a child custody lawyer in Little Elm, Texas, Youngberg Family Law is ready to work for you and your family. We support our clients through the difficult challenges and changes that come along with divorce or separation and are dedicated to supporting your child’s best interests. Contact us for a consultation to discuss your unique family situation and get started on your case today.