El Paso Child Custody & Visitation Lawyer

Child custody and visitation rights are some of the most emotionally charged issues arising from divorce and post-divorce proceedings. Texas refers to child custody as "conservatorship," which gives parents legal rights and responsibilities in raising their children.

This issue can become contentious due to parents’ deep-seated emotions and concern for the child's well-being. The breakup of the family can be a traumatic event for children. Parents often worry about how this will affect their children’s emotional stability, and they can have significant differences in what they believe is the best custody arrangement. 

Turning to a skilled and trusted family law attorney is essential if you are facing a divorce or are involved in a post-divorce custody dispute. At Setra Law Firm, we are well-versed in Texas family law and its application in conservatorship cases. We work diligently to protect your rights and the best interests of your child(ren). Recognizing the sensitive nature of custody matters, we offer compassionate and dedicated legal representation in custody negotiations and in court before a judge. 

Contact us online or at (915) 221-9115 to request a consultation with our El Paso child custody and visitation attorney. 

Overview of Texas Child Custody & Visitation

Texas Family Code Chapter 151 defines the rights and responsibilities of parents regarding their children. Texas conservatorship consists of two crucial elements: the right to make significant decisions for the child (legal custody) and the child’s physical care (physical custody). 

The court's primary objective when determining conservatorship is ensuring the "best interest of the child." This broad term encompasses the child's overall well-being, including their physical, emotional, and mental health and their social and moral welfare.

Texas courts favor joint custody arrangements; this is seen as most beneficial for children as it carries on a continuing and meaningful relationship with both parents. However, joint custody does not necessarily translate into equal time spent with both parents. Many factors will impact the overall custody arrangement. If one parent has a history of family violence, the other parent may be given sole custody.

Overview of Texas Child Custody & Visitation

Texas Family Code Chapter 151 defines the rights and responsibilities of parents regarding their children. Texas conservatorship consists of two crucial elements: the right to make significant decisions for the child (legal custody) and the child’s physical care (physical custody). 

The court's primary objective when determining conservatorship is ensuring the "best interest of the child." This broad term encompasses the child's overall well-being, including their physical, emotional, and mental health and their social and moral welfare.

Texas courts favor joint custody arrangements; this is seen as most beneficial for children as it carries on a continuing and meaningful relationship with both parents. However, joint custody does not necessarily translate into equal time spent with both parents. Many factors will impact the overall custody arrangement. If one parent has a history of family violence, the other parent may be given sole custody.

The Three Types of Conservatorship

The three types of Texas conservatorship include:

• Sole Managing Conservatorship (SMC) gives one parent the exclusive right to make crucial decisions regarding the child's life, such as education, healthcare, and residency. This arrangement is typically granted when there's evidence of family violence, substance abuse, or other situations that may harm the child's welfare. 
• Joint Managing Conservatorship (JMC) is where both parents share the decision-making responsibilities for their child. Despite its name, JMC does not necessarily mean equal physical custody; it primarily refers to shared decision-making rights. The actual physical custody (where the child lives) can still be mainly with one parent.
• Possessory Conservatorship usually applies when one parent is appointed as the managing conservator—responsible for making significant decisions for the child, while the other parent is a possessory conservator. The possessory conservator has visitation rights and spends time with the child according to a visitation schedule but has limited decision-making rights.

Each arrangement is designed with the child's best interest in mind, ensuring their safety, well-being, and emotional development are at the forefront. However, determining the most suitable conservatorship arrangement can be complex and challenging, making it critical to engage the services of a knowledgeable family law attorney.