Child custody is often seen as a “fight” especially when there has been abuse or neglect. However, Texas looks at custody as conservatorship and possession access.

Watch the video below to see Attorney McClure discuss child custody:

Possession access is who has physical possession of the child and when.

There are two types of conservatorship: joint managing conservatorship and sole managing conservatorship.

Simplifying the Semantics of Conservatorship

Both sole managing and joint managing conservatorship allow both parents to see the child.

In the simplest terms, when the conservatorship is sole, you get some privileges, however, when it is joint, you get some privileges, but you will have some things that the other person doesn’t.

By definition, joint managing conservatorship means that both parents will be very involved in the child’s life. One person will establish a primary residence for the child.

Other fundamental rights and duties assigned to this person are consenting to invasive surgery on the child, where the child will go to school and who will have access to the child’s psychologist.

Sole managing conservatorship doesn’t mean the other parent is not involved.

They still get visitation and pay child support. Although you can customize the rights and duties that you have in the conservatorship, it is recommended to keep things in the normal as much as possible.

When to seek custody

• If your children have been neglected or abused
• If the other person has an addiction to drugs or alcohol
• If the other person is a danger to the child

If the reasons for seeking custody are not as extreme as the above, then it would be advisable to try and come to some compromise outside the court. If the case is taken to court, the court will look at who is more involved (primary caretaker) in the child’s life.

The person who has been the primary caretaker for longer will be in a better place in court to get custody of the child.

It is a very costly situation, but the aim of it is to relieve you of the time, worry, and heartache that you have and all in the child’s best interest.

Consult with us for legal advice and guidance in child custody Houston.