When it comes to child custody in Texas, the courts prioritize one key principle above all else: the best interest of the child. Unlike some states that use terms like “legal custody” or “physical custody,” Texas law refers to parents as “conservators.” Understanding the different types of conservatorship and what they entail is crucial for any parent navigating a custody case in Texas.
The Two Types of Conservatorship in Texas
Texas law identifies two primary forms of conservatorship: Joint Managing Conservatorships (JMC) and Sole Managing Conservatorships (SMC). Both arrangements address the rights and responsibilities of each parent concerning their child’s upbringing, but they differ significantly in terms of decision-making power and day-to-day involvement.
Joint Managing Conservatorship (JMC)
In a Joint Managing Conservatorship, both parents share the rights and duties of raising their child. Texas courts generally favor this arrangement, as it encourages active involvement from both parents. However, JMC does not necessarily mean equal physical possession of the child. Instead, it focuses on shared decision-making responsibilities for the child’s welfare, including education, medical care, and moral upbringing.
Under a JMC, one parent is usually designated as the primary custodian, meaning the child’s primary residence is with that parent. The other parent, known as the possessory conservator, typically has a set visitation schedule. The court may impose geographical restrictions on the child’s primary residence to ensure that both parents can remain actively involved in the child’s life. For example, the court may stipulate that the child must reside within a particular county or a group of adjacent counties.
Texas courts often favor JMC arrangements because they foster cooperation between parents and ensure that both have a say in major decisions affecting the child’s life. This arrangement is particularly effective when parents live near each other and can collaborate effectively, allowing the child to benefit from the involvement of both parents.
Sole Managing Conservatorship (SMC)
Sole Managing Conservatorship is typically awarded in situations where the court determines that shared decision-making is not in the child’s best interest. This could be due to various reasons, including a history of family violence, neglect, or substance abuse by one parent. In an SMC arrangement, the sole managing conservator has the exclusive right to make significant decisions about the child’s life, such as education, healthcare, and religious upbringing.
The non-custodial parent, in this case, may have limited or supervised visitation rights, depending on the circumstances. The court may impose strict conditions on these visits to protect the child’s welfare. For instance, the non-custodial parent might be required to attend visitation at a supervised center or may only be allowed to visit the child in the presence of a third party.
SMC is often seen as a protective measure for the child, ensuring that they are in a safe and stable environment. The court’s primary concern in awarding SMC is to shield the child from any potential harm or negative influences from the other parent.
Visitation Rights and Schedules
In Texas, visitation rights are formally known as “possession and access.” Even in an SMC arrangement, the non-custodial parent is often granted visitation rights unless the court finds that such visits would be detrimental to the child. The state has established a “Standard Possession Order” (SPO), which outlines a typical visitation schedule. This schedule usually includes:
- Alternating weekends: The non-custodial parent may have the child every first, third, and fifth weekend of the month.
- Alternate holidays: Parents may alternate major holidays, such as Thanksgiving, Christmas, and New Year’s, with the child.
- Extended summer visitation: The non-custodial parent may have extended visitation during the summer months, often for 30 days or more.
The court can modify the standard schedule based on the parents’ circumstances, the child’s needs, and the parents’ ability to cooperate. For example, if the parents live far apart, the visitation schedule may be adjusted to accommodate travel time.
The Importance of a Parenting Plan
As part of the custody process in Texas, parents are required to submit a parenting plan to the court. This plan outlines each parent’s rights and responsibilities and serves as a roadmap for co-parenting after the divorce or separation. The court carefully reviews these plans to ensure they align with the child’s best interests.
A well-crafted parenting plan typically addresses several key issues:
- Access to medical and educational records: Both parents usually retain the right to access their child’s medical and educational records, even in an SMC arrangement. This ensures that both parents stay informed about the child’s health and academic progress.
- Participation in school activities: The plan should specify which parent can attend school events, such as parent-teacher conferences and extracurricular activities. In most cases, both parents are encouraged to be involved in these activities.
- Emergency contacts: The parenting plan designates who will be listed as an emergency contact for the child. This is particularly important in cases where one parent may be unavailable due to work or other commitments.
- Decision-making authority: The plan should clarify which parent has the authority to make decisions regarding the child’s religious and moral upbringing. In a JMC arrangement, this responsibility is typically shared.
- Communication: The plan often includes provisions for how parents will communicate with each other about the child, including how they will share information and make joint decisions.
If both parents agree on a parenting plan, the court is likely to approve it as long as it serves the child’s best interest. However, if the parents cannot agree, the court will create its own plan, taking into account the proposals from both parents.
Geographical Restrictions
One important aspect of Texas custody law is the imposition of geographical restrictions on the child’s primary residence. This is done to ensure that both parents remain involved in the child’s life, even after the custody arrangement is finalized. The court may restrict the child’s residence to a specific county or a group of counties, especially if both parents are actively involved in the child’s upbringing.
These restrictions are particularly important in cases where one parent wishes to relocate with the child. If the custodial parent wants to move outside the designated area, they must seek the court’s permission, which may not be granted unless there is a compelling reason for the move, such as a job opportunity or family support.
Modifying Custody Orders
Texas law allows for the modification of custody orders if there is a significant change in circumstances. This could include a parent’s relocation, a change in the child’s needs, or a parent’s inability to fulfill their responsibilities. Either parent can request a modification, but they must demonstrate that the change is in the best interest of the child.
For example, if the custodial parent is relocating for work, the non-custodial parent may request a modification to increase their visitation time or even seek a change in conservatorship. The court will consider all relevant factors before making a decision.
What are some reasons that a child custody order might need to be changed in Texas?
In Texas, a child custody order may need to be changed, or modified, for several reasons. The courts require a substantial and material change in circumstances that impacts the child’s best interest. Here are some common reasons why a child custody order might be modified:
1. Relocation of a Parent
- If the custodial parent plans to move to a new location, especially if it’s outside the county or state, this could significantly impact the non-custodial parent’s ability to maintain a relationship with the child. The non-custodial parent might seek a modification to the custody arrangement to ensure continued access to the child.
2. Change in the Child’s Needs
- As children grow, their needs can change. For example, a child may require a different school, special medical care, or a more stable environment. If the current custody arrangement no longer meets the child’s needs, a modification may be necessary.
3. Parent’s Inability to Fulfill Responsibilities
- If a parent is unable to meet their parental responsibilities, whether due to issues like substance abuse, mental health problems, or incarceration, the other parent might seek a modification to ensure the child’s safety and well-being.
4. Parental Conflict or Inappropriate Behavior
- A modification may be sought if one parent is engaging in behavior that is harmful to the child, such as exposing them to domestic violence, neglect, or other inappropriate conduct. Courts prioritize the child’s safety, so if the current arrangement puts the child at risk, a change may be warranted.
5. Parent’s Lifestyle Changes
- Significant changes in a parent’s lifestyle, such as remarriage, changes in work schedule, or financial instability, might necessitate a modification. For instance, if a parent’s new job requires frequent travel, the existing custody schedule might no longer be practical.
6. Child’s Preference
- As a child matures, their preference regarding where they live and how they spend time with each parent may be considered by the court, particularly if the child is 12 years or older. If the child expresses a strong preference, the court may consider modifying the custody arrangement to align with the child’s wishes.
7. Parental Alienation
- If one parent is attempting to alienate the child from the other parent, by speaking negatively about them or undermining their relationship, the court may modify the custody order to protect the child’s relationship with both parents.
8. Improvement in a Parent’s Circumstances
- If the non-custodial parent has made significant positive changes in their life, such as overcoming addiction, improving financial stability, or addressing previous issues that led to the original custody order, they may seek a modification to have more time with their child.
9. Violation of Custody Orders
- If one parent consistently violates the terms of the existing custody order, such as by refusing visitation or failing to comply with the agreed schedule, the other parent might seek a modification to enforce or change the order to better reflect the child’s best interest.
10. Health Issues
- If a parent or child develops a serious health condition that impacts their ability to adhere to the current custody arrangement, a modification may be necessary to accommodate the new circumstances.
11. New Evidence of Abuse or Neglect
- If new evidence emerges showing that the child is being abused or neglected by the custodial parent, a modification will be sought to protect the child from further harm.
In all cases, the primary consideration for the court is the best interest of the child. Any request for modification must demonstrate that the changes would better serve the child’s needs and well-being. If you feel that your child’s custody arrangement needs to be modified, reach out to Warren & Migliaccio today for a free consultation. If you feel someone is in immediate risk of injury or death, always call 9-1-1 right away.
Custody Orders Take Work
Navigating child custody in Texas can be complex, but understanding the state’s laws and the different types of conservatorship can help parents make informed decisions that prioritize their child’s well-being. Whether you’re pursuing Joint Managing Conservatorship or Sole Managing Conservatorship, the key is to focus on what is in the best interest of the child and to work cooperatively whenever possible.
Get A Free Consultation Today
The experienced family law attorneys at Warren & Migliaccio, L.L.P. are here to guide you through the Texas divorce process with compassion and understanding. We can help you. Schedule a free consultation today by calling (888) 584-9614.
