Going through a divorce is challenging enough, but when children are involved, the emotional and legal complexities increase significantly. In Texas, child custody—or conservatorship—is a critical issue that must be addressed before a divorce can be finalized.
Understanding how divorce impacts child custody and knowing parental rights is essential for making informed decisions that serve your children’s best interests.
In this blog, our Marshall family law attorneys at the Carlile Law Firm explore the role of conservatorship in Texas divorces, how the court determines custody arrangements, and how parents can protect their rights throughout the process.
What are the Different Types of Conservatorships in Texas?
Texas law distinguishes between two types of conservatorships: Joint Managing Conservatorship (JMC) and Sole Managing Conservatorship (SMC).
- Joint Managing Conservatorship (JMC): In Texas, the presumption is that both parents should have equal rights and responsibilities in raising their children, which is why joint managing conservatorship is most common. This arrangement typically means that both parents share decision-making authority over major life decisions for the child, such as education, health care, and religious upbringing. It doesn’t necessarily mean equal physical custody time but allows both parents to participate in critical decisions.
- Sole Managing Conservatorship (SMC): In some cases, one parent may be awarded sole managing conservatorship, giving that parent exclusive decision-making authority. This arrangement is often awarded in cases where one parent is deemed unfit due to factors like abuse, neglect, or an inability to provide for the child’s needs.
What Factors Impact Child Custody Decisions During a Texas Divorce?
While Texas family courts typically favor joint custody arrangements, they are primarily concerned with the child’s best interests.
When determining custody, the court evaluates various factors, including:
- The child’s emotional and physical needs: The court looks at which parent can best meet the child’s needs, including providing a stable and nurturing environment.
- Parental ability to cooperate: Courts often favor parents who can work together to make decisions in their child’s best interests. Significant conflict or a history of violence can impact the court’s decision.
- Child’s preference: If the child is over 12, the court may consider their preference, depending on their maturity level and understanding of the situation.
- History of abuse or neglect: Any evidence of abuse, neglect, or a dangerous environment will heavily influence the court’s decision, with the child’s safety being the primary concern.
- Stability of each parent’s home environment: The court looks at whether each parent can provide a stable and consistent home environment for the child, considering factors like residence, school, and social connections.
The Role of Parental Rights in Texas
Both parents have essential rights and responsibilities in a Texas divorce involving children.
These rights include:
- Decision-making authority: In joint custody, parents can participate in decisions regarding the child’s health care, education, and welfare. In sole custody cases, the parent with managing conservatorship makes these decisions.
- Physical possession of the child: Both parents are entitled to spend time with their child according to the terms of the possession order.
- Access to information: Parents can access their child’s medical, school, and other records. This is true even if one parent is the sole one managing conservatorship.
- Child support: Texas law requires that the non-custodial parent pay child support to help cover the child’s financial needs. Child support obligations are determined based on the non-custodial parent’s income and the child’s needs.
How Divorce Affects Parental Rights in Texas
While divorce does not terminate parental rights, it can significantly impact them.
Here’s how:
- Loss of equal decision-making: If one parent is awarded sole managing conservatorship, the other parent may lose their right to make significant decisions about the child’s life. However, they still retain the right to visitation (unless the court deems it unsafe).
- Modification of custody: After a divorce, custody arrangements may be modified if one parent’s circumstances change. For example, if a parent moves far away or the child’s needs change, the custody arrangement may be revisited.
- Enforcement of orders: Parents have the right to enforce the terms of a possession order or custody arrangement. If one parent violates the agreement, the other can seek legal action to ensure compliance.
How to Protect Your Parental Rights During a Texas Divorce
To protect your parental rights during a divorce, it’s essential to:
- Document your involvement: Keep records of your participation in your child’s life—attending parent-teacher conferences, doctor’s appointments, and extracurricular activities—demonstrating that you are an active, involved parent.
- Cooperate with your ex-spouse: Courts favor parents who can co-parent effectively. Demonstrating your ability to cooperate with your ex-spouse in making decisions about your child’s life can significantly influence the court’s decision.
- Work with an experienced family law attorney: Divorce and child custody issues can be complex and emotional. Our Harrison County family law attorney can help you understand your rights, advocate for your interests, and work toward a custody arrangement that prioritizes your child’s well-being.
Our Texas family law firm is dedicated to helping parents secure the best possible outcome for themselves and their children. Contact us today for a consultation if you’re facing a divorce with child custody issues. We’ll help you understand your rights and guide you through every step of the process.
