Seeking Custody in Texas

While most of us know the topic as “child custody,” the statutory term in Texas family law is conservatorship. Being a child’s conservator means that you have certain rights and duties to your child such as the right to have access to various types of information about your child, the right to make certain decisions regarding your child, and certain obligations to your child. There are three types of child conservatorship: joint managing, sole managing, and parent possessory conservatorship. A joint managing conservatorship means that both individuals seeking custody share the rights and duties of a parent. In a sole managing conservatorship only one parent is given the right to make certain kinds of decisions related to the child. In contrast to the previous types of conservatorships, a parent possessory conservatorship typically restricts the rights and duties that a parent has.

For most parents, the question of custody occurs during a divorce. In some cases, child custody is one of the first steps in the divorce. Some parents seek a temporary order that may temporarily grant custody to one parent early in the divorce process. Settling the divorce or having the divorce go through trial can change child custody even when there was already a temporary order. Often, a divorce produces a visitation schedule, or a possession order, outlining when, where, and how a parent can have possession of or access to his or her child.

Another option for pursuing child custody is through a suit affecting the parent-child relationship. While a parent is able to seek conservatorship through this suit, someone other than a biological parent may seek custody of a child through this kind of suit. There are specific circumstances that provide legal grounds for someone to seek conservatorship. If you are caring for a child that is not your own, then you may be eligible to file a suit affecting the parent-child relationship. Schedule a consultation with us today to discuss your options.

How We Can Help

The Sinclair Law Office, PC knows that seeking an arrangement that is best for your children is important to you. We also know that going through a custody battle can be emotional. Knowing that there is someone in the process who is advocating for you can make it easier. We want to work with you to build the case for your abilities as a conservator, and we want the best interests of your children to be known when it comes time to present your case in court.

If you are a parent seeking changes to an existing custody schedule, then our attorneys can help you put together a case for the changes you want. The goals of our clients going into a custody modification vary. Some clients want to be able to see their children more often. Other clients want to revoke visitation rights of an ex-spouse to protect their children. Our attorneys can work with you to find the right course of action to achieve your goals. In cases where there is abuse in the home, we can also help you take immediate actions to keep your family safe.

Grandparents concerned for the safety and well-being of their grandchildren can feel like they do not have any legal right to intervene in the parent-child relationship. In reality, having a knowledgeable legal team is the best way for you to protect the interest of a child at risk. Under specific circumstances where the well-being of a child is in question, an individual close to the child is able to seek conservatorship. Our legal team can help you determine whether you have the legal ground to seek custody of a child close to you.