Houston Child Custody Attorneys

Change of Custody or Visitation

Custody and visitation of children must be determined when parties seek divorce. Custody in Texas is referred to as "conservatorship," and visitation is referred to as "possession." Public policy of Texas prefers frequent contact between children and both parents under safe environments, and encourages sharing of rights and duties between parents. The standard in determining conservatorship is "the best interest of the child." Factors in determining conservatorship include whether the child's physical and emotional needs will be met, whether parents can place children first and reach shared decisions, whether parents are able to encourage positive relationship between the child and the other parent, the geographic proximity of the parents residence, and a child's preference if age 12 or older. Courts cannot condition rights of possession or access to a child on the basis of payment of child support; nor may courts condition rights to children based on sex or marital status.

Joint managing conservatorship means both parties (usually the child's parents) share rights and duties regarding their children. Joint managing conservatorship is presumed to be in the child's best interest. A history of family violence removes the presumption, as does a finding that joint managing conservatorship will significantly impair a chid's health or emotional development. The alternative to joint conservatorship is naming one party as sole managing conservator and the other party as a possessory conservator. A possessory conservator has the right to consent to noninvasive medical treatment and direct moral and religious training.

The sole managing conservator of a child has the right to designate the child's primary residence, consent to medical treatment, determine schools, receive child support, consent to marriage or enlistment of the child, represent the child in legal proceedings, and the right to the child's earnings and services. The individual rights and duties of joint managing conservators can be exercised by parent independently, exercised by joint agreement of the parents, or exclusively vested in one parent.

Amicable resolution is always encouraged when children are involved and parties may present an agreed parenting plan to the court for approval. Absent parental agreement, judicial intervention is necessary to resolve custody issues.

Contact former Harris County Attorney Michael P. Fleming today if you have any questions regarding child custody or visitation.