The dynamics and roles of a parent differ from one family to the next; however, when a split or a divorce occurs, parents are afforded certain rights when it comes to having access to their children and making certain decisions regarding their care and upbringing. While child custody is a family law issue that generally must be addressed and decided, child custody arrangements can look vastly different from one family to the next.
In Texas, married or unmarried parents going through a separation need to establish their appointments of conservatorship. This legal process awards parents with specific rights and duties when it comes to possession, access, decision making and child support. As such, it is not only important to make this legal determination but to also outline what these rights and duties look like for each parent.
Child custody in Texas
Nguyen & Malik, PLLC understands the complexities a child custody matter can contain and the emotions and disputes that could arise. Thus, our law firm is focused on providing our clients with a detailed understanding of their situation and what steps are necessary to reach an optimal outcome. Because of the often sensitive nature of these cases, our attorneys work delicately but diligently when asserting the rights of our clients and protecting their interest in the matter.
In Texas, the courts have an automatic presumption that both rights should have equal rights and responsibilities of their shared children. As such, it is often the case that both parents are appointed as joint managing conservators. This provides each parent with certain rights and duties, including the right to consent to medical treatment.
Parenting plan and possession order
Because it is important that each parent maintains a role in a child’s life, courts encourage parents to establish their own parenting plan. While disagreements may occur when it comes to scheduling and sharing time, it is often ideal if parents resolve these and enter a formal or informal agreement. If an agreement is not reached, the court’s default is to order a standard possession order. And depending on the unique circumstances of the matter, this could result in one parent taking on the role as the custodial parent while the other is considered the noncustodial parent. As such, visitation and the need for child support must also be determined between the parties or by the court.
Navigating child custody matters can be challenging; however, parents have options when it comes to establishing a parenting plan, enforcing a current order or seeking modification of an order. A legal professional can help outline your rights and options in your situation, helping to protect your parental rights and relationship with your child.