If you and your ex share minor children in Texas, the court will issue a conservatorship order as part of your Final Divorce Decree. This order will include how much time each parent will have with the child and each parent’s rights in making important decisions. In making these difficult decisions, the court will rely heavily on the best interests of the child standard.
These factors review the child’s wishes, their emotional and physical needs, and the stability that each home environment can provide. Our skilled San Antonio child custody attorneys know how Texas courts handle the best interests of the child.
Purpose of a Conservatorship Order
Children have diverse needs, and family dynamics vary, making it challenging to use one standard to determine what works best for your child. Still, the court must rely on certain factors as a launching point to gauge what will work best for each child. An order will determine both the responsibilities of each parent in making legal decisions for a child (known as a “conservatorship order” in Texas) and the time each parent will have with the child (known as a “possession order” in Texas).
Best Interests of the Child Standard
Texas courts look at the following factors, known as Holley factors, in determining conservatorship and possession:
- The child’s preference (with more consideration being given to children 12 years of age and older)
- Present and future emotional and physical needs of the child
- The threat of emotional and physical danger to the child, presently and in the future
- Each parent’s ability to take care of the child
- The programs available to assist each parent in providing for the best interests of the child
- Plans each parent has for the child
- The stability of each proposed residence
- If there are any acts or omissions performed by either parent that call into question the appropriateness of the parent-child relationship
- Any excuse for the parents’ acts or omissions
How a Child Custody Lawyer Can Be Invaluable
The court will determine a possession schedule based on the information available. At a minimum, you likely want 50/50 possession and joint conservatorship (the ability to make joint decisions regarding your child’s welfare). This can often be accomplished only with the assistance of counsel.
At Cook Law, our San Antonio child custody lawyers can advise you of your parental rights and provide their informed opinion on what strategies will be most beneficial. A child custody attorney knows what evidence the court will review, and more importantly, how specific facts will be viewed by the court. To give yourself the best advantage, do not hesitate to speak with our legal team.
Ready to Get Started? Reach Out to Our San Antonio Child Custody Lawyers Today
If you are currently facing the child custody process, Cook Law would like to speak with you. Each family has unique dynamics, and your family is no exception. With over 15 years of experience assisting families as they figure out their new normal, we understand how overwhelming these issues can be. That is why our San Antonio child custody attorneys craft tailored solutions that make sense for our clients. To learn more about our services or to arrange your consultation, please reach out to us online or by calling (210) 740-0281 today.