Magnolia, TX Child Custody Attorney

Parental Rights and Allocation of Parental Responsibilities in Magnolia, TX

Child custody is one of family law's most sensitive and emotionally charged areas. In Texas, much like anywhere else, the welfare and best interests of the child are always the most important factors when determining how decisions about custody will be made. However, the child custody laws in Texas are slightly different from other states in terms of terminology, the rights of the parents, and the ways determinations are made. Dealing with issues related to the custody of children can prove difficult during the turmoil and upheaval associated with a divorce. When addressing child custody concerns, it is best to work with a highly suitable attorney who is well-versed in family law and is equipped to guide parents through the necessary procedures while keeping them in the loop on what to expect throughout the legal process.

At The Bihm Firm, PLLC, we are well aware of the enormous implications that divorce can have for a family. Divorce marks the end of a chapter for all family members, and the next chapter may involve a great deal of uncertainty. As tempting as it can be to focus strictly on the future, we implore our clients to also pay attention to the present and understand how their current actions can affect what will happen during a child custody case. To ensure that your rights as a parent are protected as you work through the issue of child custody, you will need an experienced lawyer on your side. Our attorneys will work to ensure that you can be confident the future will be full of joy and love between yourself and the children you hold dear.

Possession and Access vs. Conservatorship

In Texas, there are two primary issues that are addressed in child custody cases. These are possession and access and conservatorship. Knowing the differences between these two aspects of child custody can be important for parents who are going through divorce or custody proceedings.

Possession and access relates to who physically has the children with them during what times, and it is sometimes known as "physical custody." Conservatorship is the right a parent has to make consequential decisions in a child's life, which may include their health care, religious upbringing, and other important decisions. Conservatorship is also known as "legal custody."

What Kinds of Conservatorships Are Available?

There are three general types of conservatorships that may be put in place by family courts. These arrangements will determine the rights that parents will have toward their children going forward. The three types of conservatorship are joint managing conservatorship, sole managing conservatorship, and possessory conservatorship.

In joint managing conservatorship arrangements, both parents share fundamental decision-making responsibilities, including matters related to education, health, and the general welfare of their children. In most cases, courts prefer to grant joint managing conservatorship, as it is widely believed that the child will be better off with both parents involved in their life.

Sole managing conservatorship arrangements will give one parent the legal prerogative to make important decisions regarding the child. In many cases, a judge may grant sole managing conservatorship to one parent if the other parent has a history of being violent or abusive, suffers from alcohol or drug addiction, or has been largely absent in the child's life.

Possessory conservatorship arrangements may be used when one parent has been named a sole managing conservator, and the other parent will have regular visitation time with their child or children. In some cases, someone other than a parent may be named a sole managing conservator, and both parents may be designated as possessory conservators. While a possessory conservator will have most of the rights of a parent, including the right to make parenting decisions when children are in their care, the sole managing conservator will have the last word on most major decisions that are made.

Contact a Magnolia Child Custody Attorney

To ensure you can confidently navigate the child custody process, a skilled family law attorney can provide the representation you need. At The Bihm Firm, PLLC, you can trust our staff to aggressively defend your rights and interests as you address concerns related to child custody. For legal counsel, contact us at 936-788-6100 for a free consultation.