When children are involved in family law custody cases in San Antonio, the primary consideration of the Judge is the best interests of the child. In determining the best interests of the child, the court decides three major issues:
In Texas, we have two different types of managing conservatorship, Joint-Managing Conservatorship and Sole-Managing Conservatorship.
Joint-Managing Conservatorship, the most common outcome of child custody cases, is often referred to as “joint custody” although that term does not exist in a legal sense in Texas law. Usually, one parent is named the joint-managing conservator with exclusive right to determine the primary residency of the children, and the other parent is named the joint-managing conservator without this exclusive right. The rights and duties are shared or divided in the best interests of the children. The court’s main goal is to ensure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the children; to provide a safe, stable, and non-violent environment for the children; and to encourage parents to share in the rights and responsibilities of raising their children after the divorce.
Sole-Managing Conservatorship, is not very common. It is usually reserved for the most egregious cases of poor parenting, such as: ongoing addiction; physical, mental, emotional abuse or neglect; a missing party; and a situation where a party has abandoned the family or is incarcerated. Sole-Managing Conservatorship provides for one parent named the sole-managing conservator, and the other parent is named the possessory conservator. The court defines the possessory conservator’s rights and duties, including when or if the possessory conservator has access to the child and under what conditions. Unless limited by court order, the parent appointed sole-managing conservator has all the rights and duties afforded them under the Texas Family Code.
At our family law firm in San Antonio, we take the time to sit down with each of our clients and make sure they understand all of the options, the rights and duties, and the expectations of the court in child custody cases. We work hard to design custom visitation plans that work for the child, taking into consideration each parent’s strengths, weaknesses, and parenting abilities.
If you or a loved one is trying to obtain child custody in San Antonio, please contact us.