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The experienced child custody attorneys at The Guerra Law
Firm will provide objective, realistic advice to clients to help them avoid
harm to their children. Call for a consultation for legal advice
concerning all child custody issues, including father's rights, legal rights
of unmarried fathers and mothers, and children's rights. We can help
you negotiate a co-parenting plan and child custody agreement that is
balanced and fair.
A parent has many
rights and duties
with regard to their children, including but not limited to the right to
determine where the children will reside and attend school. In a suit
involving children, these rights and duties must be apportioned between the
child's parents. In Texas, there is a presumption that the parents should
share the rights and duties of parenthood under a joint custody
arrangement. A child custody decree can provide that the parental rights
will be exclusively granted to one parent, that the rights can be
independently exercised by both parent, or that the parent can exercise
certain rights only with the agreement of the other parent. Joint
legal custody does not require the award of equal time with the child for each
parent. If
the parties don't agree on how to apportion the parental rights or
don't agree on an appropriate visitation schedule, the Court may order a social study to
be conducted, whereby a neutral investigator will prepare a recommendation
for the Court. The Court may also appoint a child psychologist to
interview the child, or may order child therapy or family therapy when it
would help the child. In high conflict custody cases, the court may
also appoint a Parenting Coordinator to follow up with the parents after the
case is completed.
Following are several provisions of the Texas Family Code related to child
custody and visitation. These statutes are the presumptions that the Court
will normally follow unless the parties provide evidence that the
presumptions would not be appropriate for a particular case. Under Texas
child custody laws, the Court has broad discretion to fashion a child custody and
visitation order that the Judge believes is in the best interest of the
children. It is important for parties in a family law case to consult with
an experienced family law attorney to determine whether it is likely that
the Judge would deviate from the Family Code presumptions in your situation.
Joint
Legal Custody - Presumption That Parents to Be Appointed Managing
Conservators
(a) Unless the Court finds
that appointment of the parent or parents would not be in the best interest
of the child because the appointment would significantly impair the child's
physical health or emotional development, a parent shall be appointed the
sole managing conservator or both parents shall be appointed as Joint
Managing Conservators of the child.
(b) It is a rebuttable presumption that the appointment of the parents of a
child as joint managing conservators is in the best interest of a child. A
finding of a history of family violence involving the parents of a child
removes the presumption under this subsection.
Court-ordered Joint
Conservatorship
The court may render an order
appointing the parents joint managing conservators only if the appointment
is in the best interest of the child, considering the following factors:
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whether the physical, psychological, or emotional needs and
development of the child will benefit from the appointment of joint managing
conservators;
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the ability of the parents to give first priority to the welfare of
the child and reach shared decisions in the child's best interest;
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whether each parent can encourage and accept a positive
relationship between the child and the other parent;
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whether both parents participated in child rearing before the
filing of the suit;
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the geographical proximity of the parents' residences;
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if the child is 12 years of age or older, the child's preference,
if any, regarding the person to have the exclusive right to determine the
primary residence of the child; and
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any other
relevant factor.
In rendering an order appointing joint managing conservators, the court
shall:
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designate the conservator who has the exclusive right to determine
the primary residence of the child and:
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(A) establish, until modified by further order, a geographic area
within which the conservator shall maintain the child's primary residence;
or
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(B) specify that
the conservator may determine the child's primary residence without regard
to geographic location;
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specify the rights and duties of each parent regarding the child's
physical care, support, and education;
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include provisions to minimize disruption of the child's education,
daily routine, and association with friends;
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allocate between the parents, independently, jointly, or
exclusively, all of the remaining rights and duties of a parent as provided
by Chapter 151; and
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if feasible, recommend that the
parties use an alternative dispute resolution method before requesting
enforcement or modification of the terms and conditions of the joint
conservatorship through litigation, except in an emergency.
Order for
Family Counseling
If the
court finds at the time of a hearing that the parties have a history of
conflict in resolving an issue of conservatorship or possession of or access
to the child, the court may order a party to:
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