Among deciding how bank accounts will be divided and who will keep the family home in a divorce, child custody concerns must also be addressed. A child’s needs are constantly changing, making it crucial that all factors be considered when determining legal and physical custody. If both parents cannot reach an agreement, the court will decide child custody under the “best interests of the child” standard.
Your child is your number one priority, but being forced to pursue litigation to remain part of their life is nothing short of devastating. At Cook Law, your child’s welfare is our number one priority. If you have any questions or concerns regarding a custody hearing or custody order, do not hesitate to contact one of our dedicated custody attorneys today.
Legal versus Physical Custody
Custody cases deal with both legal and physical custody. In Texas, managing conservatorship and possessory conservatorship are used in place of each other. Be aware of the defining characteristics of each.
Legal Custody or Managing Conservatorship
As a parent, you want to be actively involved in your child’s life. This includes making decisions regarding your child’s upbringing. In most circumstances, the court grants joint legal custody to both parents. As joint managing conservators, both parents may make decisions together regarding their child’s education, medical care, and religious upbringing. In many cases, parents are required to make decisions together.
If the court believes that one parent is unfit to make such decisions, it will award sole legal custody to the other parent. The parent who is the sole managing conservator will make decisions regarding the child’s welfare alone, not being required to consult their ex. The court may deem a parent unfit if they have a history of physical or sexual abuse directed toward the other parent, spouse, or child, or if there is any evidence of past or present neglect toward the child.
Physical Custody or Possessory Conservatorship
Experiencing the breakdown of a marriage is only made more painful when access to your child is restricted. Texas courts may grant both parents shared physical custody, which is the most common arrangement. In shared physical custody, the child will spend at least 35% of their time with each parent. However, if the court determines that one parent is unable to provide a stable home environment, then one parent may be granted sole physical custody. This arrangement is rare but entails the child living with one parent, with the other parent being granted visitation rights.
Best Interests of the Child Standard
The court will examine various factors in determining what best fits a child’s needs. Known as the Holley factors, these factors include:
- What the child wants
- The present and future emotional and physical needs of the child
- If either parent presently places the child in emotional or physical danger, or has the potential to do so in the future
- The parental abilities of each party
- Availability of programs to assist each party
- The plans each party has for the child
- Home stability, and if there is any evidence of an improper parent-child relationship
- If either parent has made any excuses for improper acts or omissions
These are only some of the factors the court considers when determining custody arrangements. By working with a custody lawyer, you will have someone who can provide evidence demonstrating how your continuing involvement in your child’s life is necessary for your child’s welfare. With an issue that is so important, you want to hire an experienced San Antonio custody lawyer who can help you achieve the best result.
Consult with Our San Antonio, TX, Custody Attorney Today
Being caught up in a custody battle can make you feel like your world is falling apart. At Cook Law, we understand the gravity of what is at stake. We represent parents fighting for access to their children and consistently place their children’s needs first. If you are interested in scheduling a consultation with our San Antonio, TX, custody lawyer, contact us online or call (210) 740-0281.