PHAM & CLOVES, PLLC

STANDARD CHILD CUSTODY, POSSESSION, & VISITATION ORDER

By The Houston Divorce Lawyers of Veritas Legal Group, P.C.

If you have children and you are going through a divorce or contemplating going through a divorce, you need to be aware of the laws governing possession and conservatorship. In times past, it was usually the mom who retained the children with dad paying child support and having visitation awarded through the court. Today, things are markedly different. No longer can you presume that the mom will get the kids.  In determining whether the father or the mother should be the managing conservator and possession, the court will determine in the best interest of the child. 

Texas law supports joint conservatorship and does not use gender as a factor in determining conservatorship and possession. Joint managing conservatorship does not require each parent to share equal periods of possession of and access to the child. Texas courts have held that “A father who steps forward, willing and able to shoulder the responsibilities of raising a child should not be required to meet a higher burden of proof solely because he is male.” Going further, Texas courts also are not supposed to consider the marital status of the parent in deciding conservatorship. However, the courts can consider the lifestyle of the parent and how it will affect the child in determining conservatorship. The overriding factor considered by the court in conservatorship cases is what is in the best interest of the child. Texas Family Code §153.002 states: “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.” Trial courts in Texas have wide latitude in determining “best interest” and will only be overturned when “it appears from the record as a whole that the court has abused its discretion.”  In addition, the 2007 Legislative Changes also made a number of changes on the issue of child custody and possession, which also give grandparents and relative the right to seek and enforce court orders.  Please refer to the 2007 Texas Legislative Changes page in our website for more information.

The Houston Child Possession Lawyers and the Houston Child Custody Attorneys at Veritas Legal Group, P.C. can assist you in your child custody battle and to assist you obtaining your right to be the managing conservator for your child.  The decision to file a divorce petition and to fight for your custodial right is difficult, emotionally and legally.  You should not have to travel down this path alone.  We encourage you to contact our Houston Family Law Lawyers and our Houston Divorce Attorneys for assistance.  Our attorneys can be reached at 713-492-0337.  You can also contact us through via our Online Inquiry Form.