Understanding Texas Child Custody Laws: Your Rights as a Parent
When a divorce or separation occurs, determining how to share time and make decisions for your children can be one of the most stressful aspects. Understanding Texas child custody laws and your rights as a parent is essential for creating a stable environment for your children and protecting your role in their lives.
Legal Terminology: Conservatorship vs. Possession
In Texas, the law does not use the term “custody” in the traditional sense. Instead, parents are assigned conservatorship and a possession and access schedule:
- Conservatorship: Refers to the legal rights and responsibilities of each parent, including decision-making for education, healthcare, and religion.
- Possession and Access: Defines the schedule for when the child will be with each parent.
Most parents are appointed as joint managing conservators, which means both share rights and duties, though one may have the right to make certain major decisions.
Factors the Court Considers
When determining conservatorship and possession, Texas courts prioritize the best interests of the child. Key factors include:
- The child’s emotional and physical needs
- Parental abilities to provide care and stability
- Any history of family violence or neglect
- Child’s preference if of sufficient age and maturity
- Ability of parents to encourage a positive relationship with the other parent
Understanding these factors helps parents anticipate what the court considers most important and plan accordingly with the guidance of a child custody lawyer in Texas.
Creating a Parenting Plan
A parenting plan is a detailed written agreement that outlines:
- Custody schedules, including weekdays, weekends, holidays, and vacations
- Decision-making authority for education, medical care, and extracurricular activities
- Communication methods between parents
- Transportation arrangements and exchanges
- Conflict resolution procedures, such as mediation before returning to court
Having a clear, well-structured parenting plan reduces conflict, provides stability for the child, and demonstrates to the court that both parents are focused on the child’s best interests.
Modifying Child Custody Orders
Life circumstances change, and so may custody needs. Texas law allows parents to request a modification of conservatorship or possession orders when there is a material and substantial change in circumstances. Common reasons include:
- Relocation of one parent
- Changes in the child’s needs or school schedule
- Significant change in a parent’s living situation or work schedule
Attorney Matthew Gilbert can help parents file for modifications to ensure the custody arrangement continues to serve the best interests of the child.
Local Guidance for Families in San Antonio and Boerne
Child custody disputes can be emotionally challenging, but local experience matters. Gilbert Law Office serves families throughout Bexar County and Kendall County, with offices conveniently located on Bandera Road in San Antonio and near the Dominion off I-10 in Boerne. Attorney Matthew Gilbert provides knowledgeable and compassionate representation to help parents navigate custody disputes and create stable arrangements for their children.
Work With a Child Custody Lawyer Who Understands Texas Law
Understanding your rights and responsibilities as a parent is critical to ensuring your child’s well-being. Attorney Matthew Gilbert offers experienced guidance for parents in San Antonio and Boerne seeking fair, legally sound custody arrangements. With his help, you can navigate the complexities of Texas child custody law with confidence.
Contact Gilbert Law Office today to speak with a child custody lawyer in Texas and protect your parental rights.