How is custody typically handled?
Unless there is a history of family violence, there is a presumption that parents will serve as the Joint Managing Conservators of their children.
However, it is essential to realize that Joint Managing Conservatorship does not mean that each parent has the children half the time. It also doesn’t mean that child support won’t be awarded.
To determine what custody arrangement the Texas court is likely to order in your situation, contact an experienced family law attorney in San Antonio.
Who makes the critical decisions about the kids after a divorce in Texas?
The Texas Family Code has sections about the rights and duties of the parents. The rights and responsibilities can be awarded to one parent or shared equally.
This means that one or both parents can be given the right to decide the child’s primary residence. A judge can also determine who can make medical and educational decisions.
Can my child decide where they live?
The court will not let the child choose where they reside. However, the court may hear a child’s preference during the original proceeding or upon a motion for modification.
Even if the court interviews the child regarding their preferences, it is still at the court’s discretion to determine their best interest.
Can child custody be modified months or years later?
Texas courts prefer that the parents agree to the custody and visitation of the children. However, if no agreement is reached, the court will issue an order based on what is “the best interest of the child.”
There are a lot of factors that are considered, including the unique needs of the child and any other relevant factors – which may change over time.