Custody & Visitation

Both parents are entitled to see their child.

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Custody & Visitation

Custody Keeps the Child's Well Being as the Top Priority

The Texas Supreme Court has established crucial of factors, nicknamed “Holley factors,” to consider in child custody cases.

  1. The desires of the child
  2. The emotional and physical needs of the child now and in the future
  3. The emotional and physical danger to the child now and in the future
  4. The parental abilities of the adult seeking custody
  5. The programs available to assist the parties
  6. The plans for the child made by the adult
  7. The stability of the home or proposed placement
  8. The acts or omissions of the parent that indicate that the existing parent-child relationship is not a proper one
  9. Any excuse for the parent’s acts or omissions.
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Conservatorships

Conservatorships describe the relationship an adult has with a child, and the decision-making power they have in the child's life. The outcome of a custody case will either be a Sole Conservator, or Joint Conservatorship.

 Conservator

One who has the rights and responsibilities for the well being of a child.

 Managing Conservator

The parent with the primary right to make decision's for the child's well being.

Possessory Conservator

A parent that has the right to posses, or have physical access to a child.

 Joint Managing Conservatorship

When both parents have an equal right to make decisions for a child's well being.

 Sole Managing Conservatorship

Only one parent is allowed to make decisions on behalf of the child; this may apply in cases of family violence or child abandonment.

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For the Non-Custodial Parent

Even if you are unable to pay child support, if you are the child's legal parent, you are generally entitled to seeing your child. Visitation rights would be separate from child support concerns.

If you are the non-custodial parent, you will likely be ordered to pay child support to the state, which will then distribute the money to the custodial parent. The custodial parent will have full decision making authority of how the money is spent in the child's best interest.

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For the Custodial Parent

The custodial parent (unless otherwise specified by court), will have the decision making authority for their child. If co-parenting, they must communicate with the other parent to make decisions.

The custodial parent must arrange a safe transfer of the child to the other parent during their custody times, or arrange for a safe space visitation, if required by court.

The custodial parent will be able to decide anything ranging from the child's schooling, activities, friends, religion, medical care, and primary residence. The custodial parent will also likely receive child support and have full autonomy to spend the money for the child's wellbeing at their sole discretion.