Gillespie County Child Custody Attorney

What Is Child Custody?

Child custody refers to the legal arrangement regarding the care and control of a child after a divorce or separation. It encompasses both physical custody, which determines where the child will live, and legal custody, which decides who has the authority to make significant decisions about the child's upbringing, including education, healthcare, and religious instruction. In Texas, the term "conservatorship" is often used in place of "custody," with "managing conservatorship" akin to legal custody and "possessory conservatorship" similar to physical custody.

Types of Child Custody Arrangements

Texas law provides for several types of custody arrangements, each tailored to the unique needs and circumstances of the child and parents:

• Joint Managing Conservatorship: In a joint managing conservatorship, both parents share the rights and responsibilities of raising the child. This arrangement is preferred in Texas as it allows both parents to remain actively involved in the child's life. However, it does not necessarily mean equal physical possession time.
• Sole Managing Conservatorship: A sole managing conservatorship grants one parent the exclusive right to make significant decisions regarding the child's welfare. The other parent may still have visitation rights but will not have the same decision-making authority.
• Possessory Conservatorship: The parent who is not the primary custodian may be granted possessory conservatorship, which provides for specific visitation rights. This parent can still be actively involved in the child's life through a structured visitation schedule.
• Split Custody: In cases involving multiple children, split custody may be an option, where each parent has primary custody of one or more children. This arrangement is less common and typically only considered when it serves the best interests of the children.

How Is Child Custody Determined in Texas?

In Texas, child custody determinations are guided by the best interests of the child. The court considers several factors to ascertain what arrangement will best serve the child's physical, emotional, and psychological needs. Some of the key factors include:

1. The child's wishes: Depending on the child's age and maturity, their preferences may be taken into account.
2. Parental abilities: The court assesses each parent's ability to care for the child, including their parenting skills, stability, and past involvement in the child's life.
3. Child's needs: The court evaluates the child's current and future needs, including their physical, emotional, and educational requirements.
4. Stability of home environment: The continuity and stability of the child's current living situation are considered, as well as the potential impact of any changes.
5. Parental cooperation: The willingness and ability of each parent to foster a positive relationship between the child and the other parent are crucial.
6. History of abuse or neglect: Any history of family violence, abuse, or neglect is a significant factor in custody decisions.

The goal is to create a custody arrangement that supports the child's well-being and development while ensuring that both parents remain actively involved in their life whenever possible.

The Legal Process of Child Custody Battles

Navigating a child custody battle can be challenging and emotionally charged. Understanding the legal process can help alleviate some of the stress and uncertainty. Here are the typical steps involved in a child custody case in Texas:

• Filing the Petitions: The custody process begins with one parent (the petitioner) filing a petition with the court. This petition outlines the desired custody arrangement and other related issues, such as child support.