Since Austin child custody lawyers typically assume that children benefit from spending time with both their parents, most courts prefer JMC arrangements when handling conservatorship cases. However, if a parent is deemed unfit to care for their child (uses substances, acts inappropriately, disciplines excessively, etc.), the court may award the more fit parent an SMC arrangement to protect the child. The court's primary objective in conservatorship battles is always to preserve the child's best interests; everything else is secondary.
What Is a Parenting Plan in Austin?
If you're ramping up to a conservatorship case, you've probably heard the term "parenting plan" a few times. Parenting plans lay out the terms for a conservatorship arrangement, stipulating how the parents will handle custody and act around their child and one another.
The Austin court requires every parenting plan to incorporate mandatory clauses, such as:
- Which parent the child will spend more time with if the parents want a JMC (in other words, which parent should be the primary conservator). Conservators get certain head-of-household (HoH) tax breaks, so some parents who want a 50/50 conservatorship will trade-off as primary conservator every other year.
- How the parents plan to split conservatorship (what days of the week the child will be with each parent, how they'll handle holidays or vacations, etc.).
- How the parents will further the child's best interests post-divorce. This includes ensuring the child continues to receive medical care, has access to education, etc.
However, parents can also add in other non-mandatory clauses to the parenting plan, such as:
- Preventing the parents from disparaging one another in front of or to the child;
- Itemizing certain costs to prevent issues if one parent can't pay for a certain cost in a given month;
- Agreeing on boundaries for behavior;
- Agreeing on acceptable disciplinary tactics;
- Defining academic expectations for the child, etc.
Courts typically prefer it if parents work together to draft a joint parenting plan. However, if the parents can't agree on a parenting plan, the court will ask each to draft their own plan. The court in TX will then take those plans and combine them to develop what the court considers an equitable conservatorship arrangement.
Having an experienced child custody attorney in Austin at your side throughout your conservatorship case is vital. A Texas child custody lawyer can help you understand the custody process more thoroughly and work with you to create a parenting plan that protects your parental rights and preserves your best interests. They can also help you negotiate with your spouse to help you and your soon-to-be-ex develop a healthy co-parenting relationship as you move past your divorce.
How to File for Child Custody in Texas
Filing for child custody or conservatorship in Texas involves several steps. Here's a general overview of the process:
- Understand Texas Laws: Familiarize yourself with Texas family law statutes regarding child custody and conservatorship. Understanding the legal terminology and requirements will help you navigate the process more effectively.
- Determine the Type of Custody You Seek: In Texas, custody is referred to as "conservatorship." There are different types of conservatorship arrangements, including sole managing conservatorship, joint managing conservatorship, and possessory conservatorship. Determine which type of conservatorship you're seeking based on your situation.
- Prepare Necessary Forms: Obtain the required forms for filing for conservatorship from the Texas courts or online resources. These forms typically include petitions, affidavits, and other documents outlining your custody process.
- Fill Out Forms: Carefully fill out all the required forms, providing accurate and detailed information about yourself, the child, and the other parent (if applicable). Be sure to follow the instructions provided with each form.
- File Forms with the Court: Once you've completed the forms, file them with the appropriate court. In Texas, family law cases are typically filed in the district court of the county where the child resides. Pay any necessary filing fees at this time.
- Serve Notice: After filing the forms, you must legally serve notice to the other party (usually the other parent) to inform them of the court proceedings. Proper service ensures that the other party has an opportunity to respond to your petition.
- Attend Court Hearings: Depending on the specifics of your case and whether the other party contests the petition, you may need to attend one or more court hearings. Be prepared to present your situation and provide evidence supporting your request for conservatorship.
- Negotiate or Mediate: In some cases, parties may be able to reach a custody agreement through negotiation or mediation outside of court. If you're able to come to an agreement, you can submit a proposed parenting plan to the court for approval.
- Follow Court Orders: If the court grants your petition for conservatorship, you must adhere to the terms outlined in the court order. This includes fulfilling your responsibilities as a conservator and complying with visitation schedules (if applicable).
- Seek Legal Advice: Consider consulting with a family law attorney for guidance throughout the process. An attorney can provide personalized advice, represent you in court, and help ensure that your rights and interests are protected.
How to Prove a Parent to Be Unfit in Austin
During child custody cases, both parents will fight to the bitter end to receive an order in their favor. However, if one parent feels that the other is "unfit," they are justified in asking the court to review this claim. An unfit parent can be classified as someone who does not carry out their responsibilities to care for and protect their child. There are several key pieces of evidence that must be examined before a judge can rule on this issue:
- Is there a history of alcohol and/or substance abuse? If yes, is the parent willing to attend rehab and make significant changes in their habits?
- Is there a history of family violence or child abuse? Evidence needed to prove this claim include eyewitness testimony, medical records, and police reports.
- Was a child social study implemented and was it successful? Often, the court will assign an experienced official to run a home study of where the child would be residing. They look for signs of abuse, unhealthy living conditions, and neglect. Passing this study is critical to retaining your custody rights.
- Does the parent in question have a mental disability that prevents them from caring for or protecting the child?
Due to the severe consequences of being ruled unfit, allegations made are taken very seriously. Both custody and visitation rights are at risk, so any false allegations come with consequences. If you are unsure you have child custody issues, contact our Austin family lawyers right away so that you are led on the right path.
Do Fathers Have the Same Rights as Mothers in TX?
Under state law and in the eyes of the court, both the father and mother have identical custody rights. That is to say that no judge will finalize orders based on gender alone. However, if an unmarried father has yet to establish paternity and prove that he is the biological parent, those rights are stripped and the mother has sole managing conservatorship. With sole managing conservatorship, the mother has the right to make every important decision for the child, including what school they attend and what healthcare they will have.
To establish paternity it can be done voluntarily via the Acknowledgment of Paternity form or through a court order. DNA testing is also an option if the court finds it necessary.
Paternity Fraud – What Are Your Options?
Paternity fraud exists when a mother asserts that a man is her child’s biological father, even though she suspects or knows that he isn’t. This is commonly done so that the “father” signs an affidavit of paternity, ultimately forcing him to pay child support or expend resources to help raise the child.
What makes this even more devastating is that courts will generally have a difficult time reversing this if they see the child benefiting from the payments. This is where you need experienced and trial-tested legal representation from our Austin child custody lawyers.
At Cofer & Connelly, PLLC, our child custody lawyers in Austin, TX will take the burden of your dispute off your shoulders so you can focus on what's really important: your health and family.
Frequently Asked Questions About Child Custody
What Factors Determine Child Custody?
Courts in Austin prioritize the best interests of the child when determining custody arrangements. Factors considered include the child's age, emotional and physical needs, and each parent's ability to meet those needs. The court evaluates the stability of each parent's home environment and any history of abuse or neglect. The child's preference may also be considered if they are of sufficient age and maturity. Furthermore, the court examines each parent's willingness to encourage a positive relationship between the child and the other parent, as cooperation between parties is highly favored.
How Can I Modify a Child Custody Order?
To modify a child custody order in Austin, you must demonstrate a significant change in circumstances that affects the child’s well-being. This could include relocation, changes in living conditions, or concerns about the child's safety. It's essential to file a petition with the court outlining these changes and provide evidence supporting your request. Engaging a child custody attorney can be beneficial as they can help you navigate the legal process and ensure your petition meets all necessary requirements, increasing the likelihood of a successful modification.
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