Sherman Child Custody And Visitation Attorney
In any custody arrangement, the court’s first concern is the best interests of the child. There is a presumption under Texas law that, unless there is reason to believe the child’s well-being would be at risk under such an arrangement, those interests are best served through a meaningful, ongoing relationship with both parents.
Reaching an agreement on a custody arrangement that provides the access both parents want can be very difficult. Having an experienced lawyer representing you in these matters can help ensure your parental rights are protected. At Jeremy J. Poet Law Firm, PLLC, we have successfully represented clients in Sherman and elsewhere in North Texas on both sides of these sometimes contentious family law proceedings.
Understanding Conservatorship In Texas
Texas law uses the word “conservatorship” instead of “custody.” In a joint managing conservatorship, both parents have some level of decision-making authority over the child. In these arrangements, the court may assign certain rights exclusively to one parent. In some cases, the court may designate one parent as the sole managing conservator and the other as a possessory conservator. This type of arrangement is similar to the traditional custody and visitation model.
We work closely with our clients to understand their goals with regard to access following their divorce. We listen carefully to your concerns and develop a customized plan to accommodate them. We have been successful in gaining joint managing conservatorships under some extremely challenging circumstances.
Types Of Conservatorships Available In Texas
Texas family courts recognize two primary conservatorship arrangements that determine how parents share responsibilities for their children after divorce or separation. These are:
- Joint managing conservatorship (JMC): Both parents make decisions together when it comes to major choices affecting their child’s life. These include education, medical care and religious upbringing. Courts often favor this arrangement when both parents can communicate effectively and prioritize their child’s needs. One parent typically serves as the primary residence parent while both maintain significant time with the child.
- Sole managing conservatorship (SMC): One parent receives primary decision-making authority while the other parent becomes a possessory conservator with visitation rights. Courts may order this arrangement when circumstances such as domestic violence, substance abuse or neglect make joint decision-making inappropriate for the child’s safety and well-being.
Our team works closely with parents to understand their unique situation and pursue the conservatorship arrangement that best serves their family’s needs.
How Is Custody Determined In Texas?
Texas courts focus on the best interests of the child when making conservatorship decisions. Judges consider factors that encompass each parent’s ability to provide stability, the child’s emotional and physical needs, and the existing relationship between parent and child.
Can A Child Choose Which Parent They Want To Live With?
Children aged 12 and older may express their preference to the court, but judges make the final decision based on what serves the child’s best interests rather than their stated preference alone.
What Is A Standard Possession Order (SPO) In Texas?
An SPO establishes a default visitation schedule for the nonprimary parent, typically including alternating weekends, Thursday evening visits and extended time during holidays and summer breaks.
Can I Modify An Existing Custody Or Visitation Order?
Yes, but you must demonstrate a material and substantial change in circumstances since the original order. Common reasons include job relocations, changes in living situations or concerns about the child’s safety.
Speak With An Attorney About Your Child Custody Concerns
Contact our office today to discuss your custody concerns. We offer a free initial consultation where you can get your questions answered and learn more about how we can help you. You can reach our Sherman office by calling us at 903-357-5269 or via email by completing the form below.