What is the Texas Public Policy on Child Custody?
Texas public policy dictates that with regards to child custody, the State's policy should:
(1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child;
(2) provide a safe, stable, and nonviolent environment for the child; and
(3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.
What is the Parental Presumptive Right in Texas?
It is a fundamental and presumptive right in Texas and in most states that a parent or both parents should have the right and responsibility of raising their own child or children.
Though vested with this fundamental right, each parent will have varying and or equal parental rights depending upon their classification on conservatorship.
What is the Child Conservatorship Options in Texas?
In Texas, the court or by the parties' agreement, will either appoint one (1) parent as Sole Managing Conservator of the child or children in the marriage and the other parent as Possessory Conservator of the child or children of the marriage; or (2) appoint both parents as Joint Managing Conservators of the child or children of the marriage. Parental rights and responsibilities or duties will then be allocated between both parents either by the court or by agreement of the parties.
Can You Give Some Background on Equal Parental Rights in Texas?
In 1973, Texas adopted the Equal Rights Amendment and provided that in deciding custody cases, the court "shall" consider "the qualifications of the respective parents without regard to the sex of the parent." For most Texas child custody cases, and because both parents typically share in the responsibility of raising their child or children, both parents usually agree on being appointed as Joint Managing Conservators, with one parent having "Primary Residence."
Though frequently a contested issue, if the parents cannot agree on conservatorship, the judge or jury can appoint one parent as sole managing conservator or appoint both parents as joint managing conservators.
What is Primary Residence in Texas Custody Cases?
Primary residency by one parent means that although one or both parents may be Joint Managing Conservators, one parent will have the child or children live with him or her at the parent's primary residence or designated residence. This provides for and ensures that the child or children maintain a status quo or stability in terms of where the child or children live, their place of abode, and more importantly their school district on where the child or children go to school or public education.
Do You Recommend Taking Parenting Classes?
Based on experience and history, it is generally beneficial for a parent or both parents to take parenting classes so as to improve the ability of the parents to work together in raising their child or children and in the best interest of their child or children. Though the parents may be divorced or separated, children benefit the most if both parents work together in the custody, visitation and conservatorship of their child or children.
However, in cases where parents do not work together or one parent is uncooperative, Texas allows for the visitation of the child or children to be managed either through a standard possessory order, custom possessory order or some other supervised visitation method in cases where a history of family violence has been documented. Ultimately, the courts look to the best interest of the child or children when it comes to custody and visitation.
What Does Section 153.002 of the Texas Family Code states with respect to the Best Interest of a Child?
Sec. 153.002. BEST INTEREST OF CHILD. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.
What is the Minimum Child Visitation in Texas?
The Texas Family Code recognizes the importance of parental involvement in the child development especially when parents are divorced. Consequently, the Texas Family Code provides for minimum visitation schedules for parents.
Note: These guidelines are provided for children over three (3) years of age. Although most courts apply the following visitation schedules even for children under three, it is recommended that visitation schedules for children under three should involve more frequent exchanges between parents.