Navigating child custody can be one of the most emotionally challenging aspects of a family law case.
The court system uses the child’s best interests as its gold standard when deciding custody cases. Consequently, the court’s custody decisions may not always align with the parents’ wishes. Fortunately, parents can negotiate custody terms that work with their schedules and needs as long as the court agrees it is in the child’s best interests. Understanding Texas’s unique custody laws and how courts make custody decisions can help you make informed decisions that protect both your parental rights and your child’s best interests.
When your child’s well-being is on the line, nothing matters more. Whether you are going through a divorce or facing a custody dispute, the experienced San Antonio child custody attorneys at Melone Hatley, P.C. are here to help. We offer strategic, compassionate legal guidance to protect your rights and ensure your child’s best interests remain the top priority.
Understanding Child Custody in Texas
In Texas, child custody is legally referred to as conservatorship, and the parent holding legal authority to make decisions on the child’s behalf is called the conservator.
Managing Conservatorship
The managing conservator is the parent with the primary legal decision-making authority over the child. These decisions include where the child lives and important decisions about their education, health care, religious upbringing and other matters.
Conservatorships are classified as Joint Managing Conservatorship (JMC) or Sole Managing Conservatorship (SMC):
- Joint Managing Conservatorship is where parents jointly share decision-making responsibilities for their child’s upbringing. Because Texas courts prefer parents to be jointly involved in their child’s life, joint managing conservatorship is most awarded in a custody case unless there is evidence that it would not be in the child’s best interest.
- Sole Managing Conservatorship is awarded to one parent when awarding joint conservatorship may not be best for the child, such as in cases of domestic violence, neglect, or substance abuse. The sole managing conservator has the exclusive right to make decisions about the child’s welfare. However, the other parent typically still has the right to spend time with the child.
Possessory Conservatorship refers to the noncustodial parent when a sole managing conservatorship has been awarded. In this case, the noncustodial parent typically still has scheduled visitation rights but not the authority to make major decisions about the child’s upbringing.
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How is Parenting Time Determined in Texas?
Parenting time is the time each parent spends with their child. In Texas, parenting time is legally referred to as possession and access. These define when a parent has the right to spend physical time with their child (possession) and how they can maintain contact and involvement when they are not physically together (access).
Texas courts often follow a Standard Possession Order that outlines a standardizedparenting time schedule, including weekdays, weekends, holidays, and summer vacations. However, the court can order a modified schedule based on the best interests of the child, or parents can agree to a customized schedule that better fits their needs, provided the court approves.
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How Do Texas Courts Decide Child Custody?
When making custody determinations, Texas courts always prioritize the best interest of the child. This guiding standard ensures that any order issued by the court supports the child’s physical, emotional, and developmental needs. To do this, judges in Texas consider a wide range of factors when evaluating what kind of custody arrangement will best serve the child.
The Child’s Physical and Emotional Needs
The court looks at each parent’s ability to meet the child’s day-to-day needs, including providing a stable home, emotional support, routine, and appropriate discipline.
The Stability of Each Parent’s Home Environment
The court will consider whether each parent can provide a safe, consistent, and nurturing environment for the child.
Parental Cooperation and Communication
The court evaluates how well the parents communicate and cooperate in raising their child. A parent who shows a willingness to encourage a healthy relationship between the child and the other parent is highly valued.
History of Involvement and Caretaking
Judges will assess which parent has been more actively involved in the child’s life, such as attending school events, helping with homework, or managing their medical care.
The Child’s Preference (When Applicable)
In some cases, particularly with an older child, a judge may consider the child’s preference, although this is not the deciding factor and must align with what the court feels is in the child’s best interest.
Work Schedules and Availability
The court will consider each parent’s work obligations and availability to care for the child.
Sibling Relationships and School Continuity
The court aims to preserve stability, including keeping siblings together and minimizing disruptions to the child’s schooling, friendships, and community.
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What is the Role of a Guardian ad Litem in a Custody Dispute in San Antonio?
In high conflict custody cases or those involving abuse allegations or other complex family dynamics, the court may appoint a guardian ad litem (GAL) to help the judge make more well-informed custody decisions.
The Guardian ad Litem conducts an independent investigation into the family’s circumstances and may
- Interview the child, parent, and other family members
- Visit each parent’s home to observe the child’s environment
- Review medical and school records
- Speak with teachers, doctors, or other professionals involved with the child
- Attend court hearing, providing testimony and reports
- Make recommendations to the court about what custody arrangement would best support the child’s physical and emotional well-being.
The GAL doesn’t necessarily support the child’s personal wishes but what is in the child’s best interests. Judges rely heavily on a GAL’s recommendations to make fair, child-focused decisions backed by facts and firsthand observations.
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How is Child Custody Enforced in Texas?
Once the court issues a custody order, both parents are legally required to follow it. If one parent violates the terms, the other can take legal action to enforce the order.
Common custody violations include:
- Refusing to return the child at the scheduled time
- Denying the other parent court-ordered visitation
- Withholding the child from the other parent as punishment or leverage
- Moving the child without proper notice or court approval
- Interfering with scheduled phone calls, video chats, or other forms of access
These actions can not only have serious legal consequences but can also harm the part-child relationship, which the court prioritizes. However, for the court to take enforcement action, the violations must typically be willful and significant, not just isolated or minor infractions such as occasional lateness.
When one parent violates custody orders, the other can file a motion with the court issuing the original order. Judges have several options to ensure compliance, including ordering make-up visitation time, monetary fines, court sanctions, and even contempt charges. The court may even order jail time in more serious and repeated cases. In the case of an unlawfully withheld child, the court can also authorize law enforcement or child abduction recovery services to become involved.
The Importance of Skilled Legal Representation
Custody is never a one-size-fits-all strategy, and the court has broad discretion in making decisions that support a healthy, stable, and supportive environment for your child.
At Melone Hatley, P.C., our experienced San Antonio child custody lawyers are committed to helping parents protect what matters most – their children’s well-being. We take a compassionate, strategic approach to each case, whether you are seeking a fair parenting plan, defending your custodial rights, or taking urgent action in high-conflict situations.Contact us today by visiting our website or call us at (210) 688 – 8550 to schedule a free consultation with one of our Client Services Coordinators. Let us help you take the steps necessary to protect your relationship with your child and build a secure future for your family.
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