As a mother in Texas, navigating the child custody can be extremely nerve-wracking and challenging because of the uncertainty. Below are some basic tips and guidance to help you understand the process so that you can handle your child custody issues with knowledge and confidence.
First, it’s important to note that in Texas, child custody is normally divided into two categories:
- Conservatorship i.e. the way the rights and duties of each parent are allocated.
- Possession and Access i.e. how much time each parent will have the child
Types of Conservatorship in Texas
- Joint Managing Conservatorship (JMC)
- Texas courts generally favor joint managing conservatorships where both parents share decision-making for the children. However, having a JMC with the other parent does not necessarily mean both parents have equal time with the children.
- Sole Managing Conservatorship (SMC)
- In cases where one parent is deemed unfit due to issues such as neglect, abuse, or substance abuse, the court may grant sole custody to the other parent, giving them exclusive decision-making authority.
No matter what the conservatorship is, the court usually awards one parent the exclusive right to decide where the children live primarily. This is usually within a specific geographic area such as your current county and the counties immediately surrounding your county.
Possession and Access
The parent who does not have the right to designate the primary residence of the child is usually granted a Standard Possession Order (SPO), which outlines visitation rights. Courts may adjust these orders based on the child's best interests.
What factors do courts consider when deciding child custody issues?
The courts in Texas consider the child’s best interest when deciding child custody issues. These include but are not limited to:
- The child’s emotional and physical needs
- Each parent’s ability to provide a stable home environment
- The child’s relationship with each parent
- Any history of family violence or substance abuse
- The child’s preferences (if they are at least 12 years old)
Common Myths Regarding Child Custody
- “If you’re the less financially stable parent, you may not get primary custody of your children.” This is simply not true. The courts do care if a parent can meet their children’s needs—however, just because one parent makes more money does not make the court automatically award them primary custody.
- “If you can’t afford to keep the home in the divorce, you won’t get custody of the children.” Again, courts do not care if you are in a large home or a modest apartment. If your children’s needs will be met and you can provide a stable home, you can get primary custody of the children.
- “If you’re the mom, you automatically get primary custody of the kids.” In Texas, courts cannot use gender as the deciding factor for child custody. Other factors such as who the primary caregiver has been and the child’s needs can very easily give a father primary custody.
Steps to Strengthen Your Custody Case
- Demonstrate Stability and Involvement
- Maintain a consistent and nurturing relationship with your child.
- Show that you can provide a stable home and meet your child’s needs.
- Be involved in school activities, parent-teacher meetings, doctor’s appointments, and anything else your children do.
- Document Everything
- Keep records of communication with your ex-partner regarding custody arrangements.
- Document any instances that may demonstrate why you should have primary custody (e.g., neglect, failure to provide for the child, bad decision-making).
- Work with an Experienced Attorney
- An experienced family law attorney such as the ones at Hunt Law Firm, PLLC can help you navigate the legal process and advocate for your parental rights.
- Follow Court Orders and Agreements
- Adhering to existing custody arrangements shows the court that you respect legal processes and prioritize your child’s well-being.
Navigating child custody as a mother in Texas can be complex, but understanding the legal system and preparing thoroughly can improve your chances of a favorable outcome. Stay informed, document your efforts, and seek professional guidance to ensure the best possible future for you and your child.