Child Custody: Your Questions Answered
A child custody dispute brings many difficult questions to mind. At Michael B. Suffness, P.C., I am always available to share my knowledge of child custody laws with my valued clients. On this webpage are a few commonly asked questions and general answers regarding child custody in Texas. For information about how the law applies in your situation, schedule a consultation at my Plano law office.
What Are the Different Types of Custody?
In Texas legal statutes, the word conservatorship is used to describe what is more commonly known as custody. A court can grant a joint managing conservatorship, in which both parents make decisions about the child’s life, or a sole managing conservatorship, in which only one parent has decision-making authority. In most cases, a child is best served by maintaining a meaningful relationship with both parents, so a joint managing conservatorship is favored.
What Is Possession and Access?
Possession and access is the legal term for what is commonly referred to as visitation. When a parent has possession and access, he or she takes on the duty to care, protect and support the child.
How Is Child Custody Determined?
In every custody case, the overriding concern is protecting the best interests of the child. A court will take many factors in consideration when making that determination, including the child’s relationship with each parent, the parental capabilities of each parent, allegations of abuse or neglect, and the child’s proximity to siblings and other family members.
Can Children Choose Where They Want to Live?
Under Texas law, the child’s wishes cannot be the sole determinant in determining a custody arrangement. When the child reaches age 12, his or her wishes can be taken into consideration.