SAN ANTONIO CHILD CUSTODY LAWYERS Call Today: 210-852-2090
Guiding You Through the Child Custody Process
If you have children and are going through the divorce process, you may be confused about terms such as child custody, visitation, joint managing conservator and primary conservator. The truth is, it's better to focus on your goals and the needs of your children in real terms rather than the legal terms.
If you are concerned about how divorce will affect your relationship with your children, we offer a free initial consultation to explain how the child custody process works.
What Is a Joint Managing Conservator?
Child custody in Texas is called conservatorship. The law presumes that both parents should be joint managing conservators of children following divorce. This means that both parents have equal parental rights and duties, such as making decisions about education, religious upbringing and medical care.
While both parents are equal in parental rights and duties, one parent (called the primary conservator) will provide the primary residence of the child or children. The other parent will pay child support and have visitation rights according to a possession order.
The standard possession order in Texas offers quite a bit of visitation: overnight visits on the first, third and fifth weekends of every month, evening visits every Thursday, and extended visits during spring break and the summer. Holidays are shared. In rare circumstances, parents may obtain a 50/50 possession order.
Which Parent Will Establish the Child's Primary Residence?
Every case is unique. When making conservatorship decisions, the paramount concern for the court is the best interest of the child. The court may consider who has been the primary caretaker of the child in the past, as well as the amount of contact each parent has had with other people who are important in the child's life, such as teachers and doctors.
Children who are 12 can visit with the judge in chambers to make their wishes known. While the child's wishes are not binding, the court will consider it.
A Lawyer-Client Relationship Based on Trust
To discuss your concerns about child custody with an experienced family law attorney, call 210-852-2090 today or fill out the contact form on this web site. Your initial consultation is free.