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Irving Child Custody Lawyer

Experienced Custody Lawyer Looking After Your Child's Needs

In Texas, conservatorship refers to the legal arrangements that address parents' decision-making responsibilities, as well as their ability to provide ongoing care for a child. A judge can establish child custody orders in cases involving divorce, paternity, family violence, or other matters that affect parent-child relationships. If you are getting a divorce and have children, you need to understand the different kinds of conservatorships in Texas and the considerations that will affect child custody. Because of the complexity of these matters, it is essential to retain the services of an experienced family law attorney. Your attorney will ensure that the best interests of you and your child are always at the forefront of the conversation as you address these issues.

At the Law Office of Michelle Poblenz, our compassionate and knowledgeable family law attorney is a passionate defender of children's rights. Let us work with you to determine how to put child custody arrangements in place that will provide for your children's best interests while also protecting your parental rights moving forward.

Joint Managing Conservatorship

Joint managing conservatorship is the most common method of handling conservatorship (which is also known as legal custody). In cases involving joint legal custody, both parents will have the right to decide on important issues, including the child's education, the forms of medical treatment they will receive, and other matters related to the child's well-being. If joint managing conservatorship is granted to both parents, it does not necessarily mean that the child will spend equal time with each parent. In most joint managing conservatorships, one of the parents will have the exclusive right to decide where the child will live. The parent who the child lives with most of the time is typically called the "custodial parent." The other parent is known as the "non-custodial parent," and they will have the right to have the child spend reasonable amounts of time with them on a regular, ongoing basis.

While one parent may have the exclusive right to decide the location of the child's primary residence, they may face certain restrictions to ensure that the other parent will be able to maintain an ongoing relationship with the child. In many cases, the child will be required to live within a specified area, such as within a particular city or county. While the custodial parent will have the right to live anywhere within that area that they choose, they would need to seek a child custody modification if they wish to move outside of the designated area.

Sole Managing Conservatorship

It is generally considered to be best for children if both parents are involved in their lives. However, in certain situations, it may be preferable for one parent to be the child's sole managing conservator. When a parent has sole legal custody, they will be able to make child-related decisions without consulting with the other parent. Reasons why a judge may grant a parent sole managing conservatorship include:

  • One parent has been accused of committing family violence
  • One parent has been accused of abusing or neglecting their child
  • One parent has struggled with substance abuse
  • One parent has been largely absent and has not been involved in the child's life

Rights of a Non-Custodial Parent

Even if one parent will have sole managing conservatorship, the other parent may still be able to spend time with the child regularly. In fact, this is presumed to be in a child's best interests, unless there is a reason why spending time with a parent would put the child's physical or emotional health at risk. When one parent has sole legal custody, the other parent may be recognized as a possessory conservator. This will give them the right to see the child and/or have the child live in their home on certain days and times. A possessory conservator will have many of the same rights and responsibilities toward their child, including the requirement to provide all necessary care when the child is spending time with them. However, they will not have the right to make any final decisions about major issues such as where the child will attend school or the forms of medical treatment they will receive.

Contact an Irving Child Custody Attorney

Divorce can be a very stressful time for a family, as so much is changing and so much of the future is unknown. The situation can be even more stressful when children are involved. To effectively navigate this challenging time, it is important to work with a compassionate and dedicated family law attorney who is committed to protecting your rights and interests. At the Law Office of Michelle Poblenz, we understand how deeply you care about your child's future and well-being. We can provide you with high-quality legal representation as you traverse this complicated area of family law. Contact us at 469-845-3031 for a confidential consultation.

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