2. What is Sole Custody?
Sole custody, also known as Sole Managing Conservatorship,
occurs when custody of a child is granted to just one individual.
Custody (conservatorship) is the right to make decisions for the
child, such as schooling and healthcare decisions, along with all
other parental duties and responsibilities.
3. What is Joint Custody?
Joint custody, also known as Joint Managing Conservatorship,
occurs when custody of a child is split between two parties.
In these cases, decisions regarding a child are reached jointly
and parenting responsibilities are shared.
4. Can Grandparents File for Custody?
Under most circumstances, grandparents will not be awarded
custody over children whose parents are capable of providing
care. There are some exceptions to this, such as when a
parent relinquishes his or her rights or when a child's safety is
feared for, but these are special cases, not the rule.
5. In Texas, where a child would prefer to live and which parent he
or she would prefer to live with is not weighted heavily in custody
agreements. However, if a motion is filed, children over the age
of 12 may have a say in which parent they would rather live with.
Do Children Have a Say?
6. How is Custody Decided?
Custody is determined by the court and is based on
the best interests of the child. Considerations made
by the court will include physical and emotional
safety, home stability, and geographic proximity to
school, extended family, and community.
7. When is Custody Decided?
If a couple is married, custody is typically set in the divorce decree.
If there is no marriage, a Suit Affecting Parent-Child Relationship
(SAPCR) will be used to determine custody. Temporary orders may
be granted during the process of either, though these will not
necessarily impact the court's final ruling.
8. Every family is unique, but a common
visitation schedule is one week-night for
dinner and every-other-weekend with the
noncustodial parent.
Families that live farther apart may choose
to schedule extended visitation which may
include summer break, spring break, and
winter break visits.
Visitation?
Visitation is granted to the
noncustodial parent in custody
cases. A visitation schedule will be
dependent on factors including
where each parent lives and the
child's routine and needs.
Sample Schedule
9. Is Visitation Linked to Child Support?
While child support will be included in custody arrangements,
failure to pay cannot be used as a reason to withhold a child
from the noncustodial parent. However, failure to pay child
support has severe consequences and enforcement can result
in wage garnishment, a loss of business and driving licences,
and many other unpleasant outcomes.
10. Can Custody be Modified?
Custody can be modified through a court order. Either
parent can file for a modification. Reasons to seek
modification include changes in family circumstances,
child health and wellness, or the desires of older children.
11. We Can Help.
Custody arrangements and modifications can be
incredibly complex. Texas family law attorney Yasmin
Kutty can help. Call us at (713) 568-5401 to schedule a
consultation at our Sugar Land office today.
