Sugar Land, TX Child Custody Lawyer

Sole Custody vs. Joint Custody (Conservatorships)

In family law legal proceedings, Texas courts and lawyers use the term ‘conservatorship’ instead of child custody. There are two basic types of conservatorships: joint managing conservatorship (JMCs) and sole managing conservatorships (SMCs). As you may expect, a JMC is joint custody and an SMC is sole custody. 

Similar to other states, Texas policy favors awarding parents a joint managing conservatorship. Put another way, Texas courts will presume that some form of joint custody is in the best interest of your child and, thus, appropriate for your case. JMCs take many different forms. As an example, one parent may be granted primary physical custody while both parents retain shared legal custody, which means the ability to make legal decisions (such as educational or medical choices) for a child. 

Although joint custody is generally favored in Texas, there are certainly plenty of cases in which a sole managing conservatorship will be awarded to one of the parents. When a court determines that sole custody is in the best interests of the child, a Sole Managing Conservatorship will be granted. If you are seeking sole child custody in Fort Bend County, TX, you will need professional representation. Contact our Sugar Land child custody attorneys right away. 

Understanding the Best Interests of the Child Standard

Under Texas law (Texas Family Code § 153.002), child custody cases are resolved by considering what is in the best interests of the child—the parents’ desires will always be a secondary consideration. If there is a dispute over custody or visitation, a Texas court will make a determination based on what is best for the child’s physical safety, psychological health, and overall well-being. Factors used to determine the best interests of the child include: 

• The relationship each parent has developed with the child; 
• The stability that each parent is able to provide; 
• The parents’ willingness to cooperate; 
• History of domestic violence, child abuse, or child neglect; 
• The child’s wishes (If 12 or older and mature enough to give input); and
• Any other issue deemed material to the case. 

When involved in a custody or visitation case, parents should approach with the goal of proving that they can provide the best environment for children to grow and thrive. Ultimately, Texas courts will focus on the child’s well-being. You can increase your chances of getting a successful outcome in a custody case by emphasizing your parental fitness and willingness to create the best atmosphere for your kids.  

What is a Standard Possession Order (SPO)?

Under Texas law, a standard possession order is presumed to be in the best interests of children who are three years old or older (Texas Family Code § 153.252). Possession is simply a term that Texas courts use to mean parenting time. A standard possession order is a basic schedule that is used to determine how a child will spend their time. It addresses weekdays, weekends, holidays, and more. There are two types of SPOs: 

• Standard possession for parents who live within 100 miles of each other; and
• Standard possession for parents who live more than 100 miles apart. 

While a standard possession order is assumed to be in the best interests of most children, there are exceptions. Parties to a child custody or child visitation case can petition the court for a modified possession order. A modified possession order can be adjusted to meet the specific needs of you and your family. It could include everything from split weeks to only day visits with no overnight time. If you are seeking a modified possession order, an experienced Sugar Land, TX child custody attorney can help.