Minor children are often affected by their parent’s separation and/or divorce. At The Báez Law Firm, we specialize in fast and professional child custody agreements. Our child custody attorneys can provide the best representation possible for your case.
What is child custody?
Child custody refers to the rights and obligations parents have, regarding their children, following the end of a marriage or other relationship.
Types of custody:
There are two types of custody. Legal and physical custody. Legal custody refers to a parent’s right to raise their children and make decisions for, or on behalf of, their child. Physical custody refers to a parent having physical custody of their child. This may occur through sole, primary or joint custody.
Sole custody refers to the right of one parent having legal and/ or physical custody of their child. When making a determination of child custody, the court will consider “the best interest of the child.” While Texas Courts favor the child having active relationships with both parents, and thus naming the parents joint managing conservators, sole custody may be awarded under a number of circumstances, including:
- If there is evidence of child abuse or neglect
- If one parent has a history of substance or alcohol abuse
- A history of domestic violence and abuse
- The danger of the child living with the other parent
As stated above, Texas Courts favor the child having active relationships with both parents, and thus naming the parents joint managing conservators. Under joint managing conservatorship, both parents will have legal and physical custody of their child. However, one parent will be named as the individual who will establish the primary residency of the child.
Typically, when the parents are named joint managing conservators, the parties will follow a Standard Possession Order. Under a Standard Possession Order, the non-custodial parent (the visiting parent) will have possession and access to the child the first, third, and fifth weekend of every month. Additionally, the visiting parent will be able to pick up their child on Thursday for two hours. When the parents live at least 100 miles apart, the non-custodial parent may follow the possession order listed above (the 1st, 3rd, and 5th weekend) or may designate one weekend a month that he or she may exercise their visitation rights.
Agreements between the parents:
If the parents can come to an agreement, with regards to possession and access to their child, the court may render an order in accordance with that agreement. However, the court must find that the agreement is in the best interest of the child. If the court finds that the agreement is not in the best interest of the child, the court has two options: they may ask the parents to submit a revised agreement, or the court may render an order with regards to the possession and access to the child.
If you have any questions regarding conservatorship, possession and access to your child call the attorneys at The Báez Law Firm. We can help you make the right decisions for you and your family. Contact our law firm today for more information! 210-979-9777