Child Custody

Child Custody Law Firm In Montgomery

If children were born or adopted during a couple’s relationship and the parents have chosen to divorce, the children’s well-being should be of the utmost importance. They deserve their parents’ full support, regardless of relationship status. Divorce can be traumatic and difficult, especially for children, even in the best circumstances. Negotiating a custody arrangement that provides the support they need going forward is crucial.

Conservators in Texas

Texas’ public policy is to:

  • Assure children have frequent and continuing contact with parents who have shown the ability to act in their children’s best interests
  • Guarantee parents provide children a safe, stable and nonviolent environment.
  • Encourage parents to share the rights and duties of raising children after separation and dissolution of marriage.
  • Courts may not render orders conditioning the rights of conservators to possession of or access to children on the payment of child support.
No Discrimination Based on Sex or Marital Status

The court will consider parties’ qualifications without regard to sex or marital status to determine:

  • Which party should be appointed sole managing conservator.
  • Whether a party should be appointed joint managing conservator.
  • Conservatorship terms and conditions and possession of and access to children.
Appointment of sole or joint managing conservator

Children’s best interest is the court’s primary consideration in determining conservatorship and possession of and access to children.

  • A court may appoint a sole managing conservator or joint managing conservators.
  • A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child policing agency.
  • A sole managing conservator will have exclusive rights to designate children’s primary residence, among other rights and duties.
  • In a joint managing conservatorship, a parenting plan will designate the conservator who has exclusive rights to designate the children’s primary residence, among other rights and duties.
Appointment of Possessory Conservators

If a managing conservator is appointed, the court may appoint one or more possessory conservators.

  • The court will specify the appointed possessory conservator’s rights and duties.
  • The court will specify and expressly state in the order the times and conditions for possession of or access to children, unless a party shows good cause why specific orders would not be in the children’s best interest.
    • A possessory conservator will have the rights and duties of a parent that are to be exercised by each parent independently, by the joint agreement of the parents, and exclusively by one parent.
Finding the Best Outcome for Children

Children will always be a part of parents’ lives even when grown. Birthdays, graduations, weddings, and the arrival of grandchildren are events both parents will want to celebrate. Setting aside anger and acting with civility produces a positive relationship and healthy environment in which children can thrive.

The state of Texas holds that, in most cases, the children’s best interest is having a significant relationship with both parents. Call on Stallings Family Law for helping developing a custody agreement that honors this.

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