Houston Child Custody Attorney
Understanding Texas Conservatorship (Custody) Cases
Conservatorship is the legal term for custody in Texas. It deals with a person’s relationship with a child where there is a court order in place, which may apply after a divorce or when paternity is established. Grandparents or other relatives may also be able to seek conservatorship in certain circumstances.
It is important to note that legal custody can only be created by a court order. Without a court order, there is nothing to enforce, and either parent may seek to spend time with a child.
This legal framework not only protects the child’s welfare but also clarifies the parents’ rights and obligations. It's essential to understand that a conservatorship varies depending on the specific circumstances of each family, which can include considerations of the child's emotional and physical needs, their relationship with each parent, and the ability of each parent to guide and raise the child appropriately.
Who Can Be a Conservator in Houston?
A person with court-ordered custody of a child is a conservator. There are three types of conservators in Texas:
- In most custody situations, parents will be named as Joint Managing Conservators, which means they share decision-making rights on most issues related to their child or children. The amount of time the child or children will spend with each parent will be decided separately by way of a possession order, although one parent will typically be named the custodial parent and the child or children will primarily live with this parent.
- A Sole Managing Conservator may be named in certain circumstances, and this may be the parent or a non-parent if necessary. This person will have the sole right to make most decisions about the child. Child abuse, drug or alcohol use, or family violence may make the appointment of a sole managing conservator necessary.
- When one parent is named as a sole managing conservator, the other parent is typically named as the Possessory Conservator. When a non-parent is named as a sole managing conservator, both parents may be named as possessory conservators. A possessory conservator maintains parental rights but will not have the final authority on most decisions regarding the child or children.
To speak with our experienced Houston child custody lawyers, call us at (713) 234-6260 or contact us online today.
Hear What Our Clients Are Saying
“My child is with me 100% of the time.”You guys did great. My child is with me 100% of the time and plays soccer now.- T.M.
How to Pursue Sole Custody in Houston
If you are looking for sole custody, what is known as both possessory conservatorship and managing conservatorship, you will have to prove that it is in the child’s best interests. When looking at these types of situations, the court may look at a variety of factors, especially if you are also looking to terminate the other parent’s rights.
The Houston family law court will look at factors such as:
- The specific needs of your child.
- If there is any history of violence from either parent.
- If there is a history of abuse from either parent.
- If there has been any neglect from either parent.
In these types of situations, the more evidence and documentation you can have to prove these things, the better the potential outcome of your custody case.
To seek sole custody effectively, it is vital to present a comprehensive portrayal of why such an arrangement would benefit the child most significantly. This may involve providing concrete evidence of current living conditions, expert testimonies, or recorded incidents that undermine the child’s safety or wellbeing. The courts require substantial proof before considering a shift from joint to sole custody to ensure that the child's rights and security are maintained.
Why Choose Kay Polk, Attorney at Law?
-
Client Satisfaction, Communication, and Education is Priority
-
Exclusively Focus on Divorce & Family Law Cases
-
Access to a Wide Range of Resources to Creatively Handle Your Case
-
Over 18 Years of Experience Helping Hundreds of Families
Whether you're facing a divorce, custody dispute, adoption, or another family law challenge in the Houston area, Kay Polk, Attorney at Law, offers trusted, results-driven representation with the compassion you deserve. Let us guide you with clarity, strength, and care—every step of the way. Call now to protect your rights and start moving forward.
