In Texas, custody of a biological child is classified as a conservatorship. The plan for a conservatorship is determined in a divorce agreement or through a separate custody hearing. The determination must reflect the most appropriate setting for the child. A child custody lawyer in Midlothian, TX can answer frequently asked questions about conservatorships.
What Are the Different Conservatorship Types?
The most common conservatorship obtained in Texas is a joint managing conservatorship. Each parent has the same rights under the assignment. They both have the right to make decisions about the child.
However, the assignments require the judge to outline the exact responsibilities of each parent. The arrangements do not guarantee that each parent has the same amount of time with the child, and at least one of the parents pays child support payments.
Sole managing conservatorship is the alternative type of custody. In the assignments, one parent makes all decisions for the child, including where the they live, what doctor provides care for them, and where they go to school.
The sole managing conservator is designated as the child’s primary emergency medical contact. They are the only parent in these arrangements who can provide consent for psychological assessments or treatment. This parent also receives child support payments.
When Is Sole Conservatorship Granted?
Sole conservatorship is granted when the opposing parent has a history of addiction, criminal activities, abuse, or family-related violence. Circumstances in which parents have conflicts about decisions for the child lead to the assignment. A parent who seeks the assignment must have proper evidence to substantiate any claims against the other parent.
When Is Visitation Denied?
Visitation with the child is denied under extreme circumstances. A parent who poses a serious risk to the child is not granted visitation. Any evidence of physical or sexual abuse provides grounds to deny visitation and terminate all parental rights to the child.
In Texas, child custody is referred to as conservatorship, and certain provisions apply to the assignments. Typically, judges award joint managing conservatorships to give parents equal rights to the child. However, dangerous circumstances could lead to sole conservatorships. Parents who want to review their rights should contact a child custody lawyer in Midlothian, TX through Mallios & Associates P.C. or visit their website for more info now.
