If your child has been separated from both parents for more than a year, you should understand the differences in child custody laws in Texas. For instance, a joint custody arrangement is better for the children, but there are times when this isn’t possible. Understanding the differences in child custody laws becomes essential to a final custody order and child support agreement. Read on to learn more.
Joint managing conservatorship
A joint managing conservatorship is not the same as joint physical custody, but both parents share decision-making authority. Under this type of custody arrangement, the child lives with one parent, usually the custodial parent, for most of the week. The possession order will determine how much time the other parent will have with the child. Usually, the custodial parent will live with the child the most, so a joint managing conservatorship is an excellent option for a couple in such a situation.
A joint managing conservatorship is a good arrangement for parents who want to maintain a healthy relationship. It allows each parent to share decision-making and parenting duties while allowing both parents to share in visitation and child support. However, joint managing conservatorships do not have to be equal possession, and one parent must remain the primary residential parent. In rare cases, a court may award a sole managing conservatorship.
Possession and access
You probably picture custody and visitation when you think of child custody and visitation, you probably picture custody and visitation. However, child custody laws in Texas use two separate terms – possession and access – to describe the same process. Possession refers to the physical custody of a child, while access refers to the right of the custodial parent to be involved with the child’s activities. Texas courts typically award possession to the custodial parent, but this can vary depending on the circumstances.
Texas courts’ standard possession and visitation orders are called “standard possession orders” (SPO). However, courts are free to impose non-standard orders when parents cannot agree on visitation arrangements. This can help parents reach a reasonable agreement while still respecting the other parent’s wishes. For instance, a parent may agree to a “half-time” schedule, but the court can’t impose an agenda in the child’s best interest.
Grandparents have legal rights to their grandchildren.
Under Texas child custody laws, grandparents have the right to file for custody of their grandchildren. They must meet the burdens of proof to win the right to custody. First, they must show that the child’s current circumstances will significantly impair the child’s health and emotional development. If the child lives with both biological parents, they do not have custody rights. The courts will only grant visitation rights to grandparents who have had significant contact with the child for at least six months.
In some circumstances, grandparents can file for custody of their grandchildren. For example, grandparents can intervene in a custody case in Texas if they feel the child is not receiving the best care. However, grandparents must show that the visitation will benefit the child’s emotional and physical well-being. Grandparent intervention is also common when Child Protective Services (CPS) tries to terminate a parent’s rights to the child.
Mothers have substantial rights to child custody.
If you’re facing a custody battle, you need to know your legal rights. Texas courts favor mothers over fathers, but they are still free to make their own decisions. You should see how the child custody process works to build your case as early as possible. In unmarried couples, the mother automatically has both legal and physical custody. The mother receives custody when the child is born. She has the legal and physical right to make significant decisions for the child, such as education and religion. If she shares physical custody with the father, she has the right to move with the child. In some cases, the mother shares legal custody. If this is the case, she should seek custody of the child as soon as possible.
