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Child Custody

Best Interest Standard

All decisions that a Judge makes in suits affecting parent-child relationships in Texas are predicated on the best-interest standard. At its most basic, when a Judge makes a decision concerning conservatorship, possession of or access to a child, that decision must be in the best-interest of the child. It doesn't matter what dad wants or what mom wants. It doesn't matter what the child wants. It only matters what will allow the child the best chance of thriving in a loving environment. For a full list of factors see here.

Conservatorship

Conservatorship is the standard method of determining a parent's rights and duties in child custody cases in Texas. There are three main types of conservators in Texas: joint-managing, sole-managing, and possessory. Joint-managing conservatorship is considered the standard in Texas and it is presumed in the best-interest of the child or children.

Joint-Managing Conservatorship

The standard in Texas is joint-managing conservatorship. This framework of parental-decision making is presumed in the best interest of the child. The rights and duties of a parent joint-managing conservator at all times are:

  1. receive information from any other conservator concerning the child's health, education, and welfare;
  2. confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;
  3. access to the child's medical, dental, psychological and educational records;
  4. consult with the child's physician, dentist, or psychologist;
  5. consult with school officials concerning the child's welfare and educational status, including school activities;
  6. attend school activities;
  7. be designated on the child's records as a person to be notified in case of an emergency;
  8. consent to medical, dental and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and
  9. manage a child's estate that created by the parent or the parent's family.

When a parent has possession of the child that parent has the following rights and duties as well:

  1. duty of care, control, protection, and reasonable discipline of the child;
  2. duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;
  3. right to consent for the child to medical and dental care not involving an invasive procedure; and
  4. right to direct the moral and religious training of the child.

Sole-Managing

When the Judge determines that a parent should have less rights than the norm due to a history of domestic violence against the other parent, alcohol or drug history, or a lack of relationship with the child, the court may order that one parent have sole-managing conservatorship and the other parent be appointed a possessory conservator. In those cases the sole-managing conservator will have those rights that a joint-managing conservator would ordinarily have at all times and the possessory conservator will have only those rights and duties listed below when he or she has physical possession of the child:

  1. duty of care, control, protection, and reasonable discipline of the child;
  2. duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;
  3. right to consent for the child to medical and dental care not involving an invasive procedure; and
  4. right to direct the moral and religious training of the child.

Standard Possession Order

The Standard Possession Order (SPO) is also presumed to be in the best interest of the child. It is a very specific visitation schedule for both the custodial and non-custodial parents in Texas. You can see the SPO here. The non-custodial parent also has the right to have an expanded standard possession order. This allows the non-custodial parent extra time with the child before and after the regular time for visits.

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