Conservatorship, child custody, and visitation schedules are among the most disputed issues in a divorce or break-up. Parents may not be able to agree who should make legal decisions for the child, where the child will live, and how much time each parent spends with the children. If the parents cannot come to an agreement over these issues, the court may determine child custody and visitation.
Having an advocate on your side in a conservatorship dispute can protect your parenting rights and provide for your children. Contact Sugar Land family law attorneys at the Law Offices of Kimberly D. Moss, PLLC to understand your rights and options during a separation or divorce.
The parent or individual who has legal custody of a child is called the “conservator.” Conservatorship can be determined by the parents if they can come to an agreement over custody and visitation. If the parents cannot agree, the issue can be determined by the court.
Texas conservatorship options include:
- Joint managing conservatorship, or
- Sole managing and possessory conservatorship
When both parents share legal custody of a child, they are named as Joint Managing Conservators. This gives the parents the ability to make important decisions about the child's upbringing.
When a parent is named the Sole Managing Conservator, that parent has primary legal custody over the child. The other parent is the Possessory Conservator. The primary consideration in determining joint conservatorship is what is in the best interest of the child. Other factors the court may consider include:
- Physical, psychological, or emotional needs and development of the child;
- Whether each parent can encourage and accept a positive relationship between the child and the other parent;
- Whether both parents participated in child rearing before the filing of the suit; and
- The geographical proximity of the parents' residences.
Mediation and Child Custody in Texas
When the parents disagree about child-related issues, the court may refer the dispute to mediation. Court-ordered mediation involves both parties meeting with a third-party mediator. The mediator helps facilitate communication between the parents to reach an agreement. The court prefers mediation because the parents can decide what is best for their children instead of leaving it up to the court. If mediation is not successful, then the court may decide conservatorship.
Visitation Plans and Possession Orders
The parent who lives with the child most of the time is generally referred to as the custodial parent. Visitation and the schedule of spending time with each parent may be determined by the parents. If the parents cannot come to an agreement, then the court may determine visitation through a standard or modified possession order. The possession order may provide for access to the child throughout the year, including, summers, and holidays.
Sugar Land Child Conservatorship Attorneys
The attorneys at the Law Offices of Kimberly D. Moss, PLLC are ready to fight for your rights. Representing individuals and families in Sugar Land and the Houston area, we strive to go above and beyond in meeting the needs of our clients. Contact us today online or by phone at (713) 574-8626.