Understanding Child Custody Laws in Texas
At Boudreaux, Hunter & Associates, LLC, child custody is often one of the most important matters we handle. Whether during a divorce or as a stand-alone issue, child custody proceedings carry important emotional implications. We value our role in helping individuals and families resolve these matters successfully while always keeping the best interests of children in mind.
If you are considering divorce and have children, or if you need assistance with a child custody proceeding of any type, our experienced Houston child custody attorneys are available to discuss your unique case, your rights, and what we can do to help.
Sole Managing Conservatorship VS Joint Managing Conservatorship
Child custody, or conservatorship as it’s known in Texas, can take one of two forms:
Sole Managing Conservatorship (SMC) – Sole conservatorship gives one parent physical custody and the legal right to make important decisions in a child’s life, including decisions about their education and medical care. Depending on the circumstances, the non-custodial parent may or may not be granted visitation/parenting time.
Joint Managing Conservatorship (JMC) – Joint managing conservatorship is the most common form of custody in Texas. It involves two parents splitting managing rights over a child, either equitably or by one parent.
How Do Texas Courts Determine Child Custody?
Creating a sensible parenting plan that promotes positive relationships between a child and both parents is favorable, but not always possible. If parents are not able to reach an agreement regarding the custody of their children, or if there are extenuating circumstances involved, Texas courts will determine an arrangement based on the best interests of a child.
These factors may include:
- The child’s preference, if old enough
- Current and future emotional and physical needs of the child
- The ability of either parent to provide a stable home
- The child’s adjustment to new schools and communities
- Any present or future emotional or physical danger to the child
Speak with a Houston Child Custody Attorney Today
Our legal team is available to help address child custody matters during divorce, on behalf of unmarried parents or family members, and in regard to modifications. We take a compassionate approach to these cases—particularly in helping you make your child feel comfortable and cope with divorce—and make it a point to work personally with our clients in order to produce the best results possible. Discuss your situation with a custody lawyer in Houston today.
Work With a Team Who Truly Cares
If you are currently involved in a divorce or child custody dispute, no parent has the right to flee with his/her child. Despite being the child’s biological parent or legal guardian, if a person takes his or her child, it is considered kidnapping in Texas.
Regardless of the type of lawyer you choose, the Texas Family Code sets out certain standards to guide the Courts in acting as the voice of reason in matters involving child custody and visitation.