The Basics of Child Custody in Texas
Texas child custody laws are unique and when applied, can be extremely sensitive in nature. Understanding the basics of Texas child custody rules can help move the process along as seamless as possible.
The most common way child custody matters arise is when a couple with children decides to divorce. When a spouse with children of the marriage files a petition for divorce, a petition for Suit Affecting the Parent-Child Relationship (SAPCR) is also filed. Parents who have not been married but have any children together may file a SAPCR to determine conservatorship between the two of them. A SAPCR initiates the process of determining parental custody, rights and duties of a child, access, visitation, and support obligations.
During the process of determining custody rights, support obligations, and other matter that affect the parent-child relationship, the court’s number one consideration in deciding anything will be what is in the “best of interest of the child.” A child’s preference will be taken into consideration if they are old enough to understand the implications of choosing a parent to live with, but the court will always first consider what is in the child’s best interest. There are numerous factors that contribute the determination of what is in the child’s best interest. The court will also use established public policy which includes the following:
- A child should be given frequent and continuous contact with parents whom have shown their ability to act in the child’s best interest.
- A conservator should provide the child with a safe, stable, and nonviolent environment.
- Parents are encouraged to share in the rights and duties of raising their children after divorce or separation.
There are two types of conservators recognized by the Texas Family Code – managing conservators and possessory conservators. Typically, both parents will be appointed as joint managing conservators with one parent being designated to determine the primary residence of the child. As joint managing conservators, parents share the rights and responsibilities of caring for the child. Sole managing conservatorship is also an option when one or both of the parents are not capable of caring for their child. Possessory conservators are someone that is given rights to possession and control of a child except to the limits set by the managing conservator.
The court will decide conservatorship based on the best interest of the child. Conservatorships can be unique in form and are flexible to fit differing familial circumstances. The rights and duties for a child can be allocated between conservators to best suit the needs of the child.
Texas Family Code Statutes:
- § 151.001 – Rights and Duties of Parent
- § 153.002 – Best Interest of the Child
- § 153.005 – Appointment of Sole or Joint Managing Conservator
- § 153.006 – Appointment of Possessory Conservator
- § 153.073 – Rights of Parents at All Times
- § 153.074 – Rights and Duties During Period of Possession
- § 153.075 – Duties of Parent Not Appointed Conservator
- § 153.131 – Presumption That Parent to be Appointed Managing Conservator
- § 153.132 – Rights and Duties of Parent Appointed Sole Managing Conservator
- § 153.134 – Court-Ordered Joint Conservatorship
- § 153.135 – Equal Possession Not Required
- § 153.191 – Presumption that Parent to be Appointed Possessory Conservator
- § 153.192 – Rights and Duties of Parent Appoint Possessory Conservator
Want to learn more about the basics of child custody? Call one of our experienced family law attorneys or contact DivorceTexas.org online.