Strong Advocacy In Custody And Visitation Issues

Last updated on September 23, 2024

Disputes over child custody and visitation are emotional and difficult because the decisions have a huge impact on the future. Child custody and visitation often are the main disputes between parents who have separated. Courts do not automatically grant custody to the mother, which means custody and visitation require negotiation.

We strongly advocate for our clients during negotiations over parental rights and parenting plans.

What Are the Different Types Of Custody In Texas?

In Texas, custody is formally referred to as “conservatorship.” The state recognizes several conservatorship arrangements that define how decisions are made for the child and where the child will live.

  • Joint managing conservatorship (JMC): A common arrangement where both parents share the rights and duties of parenting
  • Sole managing conservatorship (SMC): One parent has the exclusive right to make most major decisions for the child.
  • Possessory conservatorship: This is usually granted to the noncustodial parent in an SMC arrangement, allowing for visitation rights and some input in major decisions.
  • Nonparent conservatorship: May sometimes be granted conservatorship if it is in the child’s best interest.

Each type of conservatorship comes with specific rights and responsibilities. The court always prioritizes the child’s best interests when determining the most appropriate conservatorship arrangement.

How Are Custody And Visitation Decided?

Few people know the specifics of custody and visitation, and how a judge is likely to rule on those issues.

When considering custody issues, the court looks at multiple factors. The primary concern is always the child’s best interests. When determining best interests, the court can examine many variables, including:

  • The parents’ health (both mental and physical)
  • Drug or alcohol abuse by the parents
  • History of domestic violence
  • Future opportunities for interaction with extended family
  • Children’s need for a home environment that is stable

Depending on the children’s ages, the court will consider their preferences.

What Is The Difference Between Joint Custody And Shared Custody?

While often used interchangeably, “shared custody” and “joint custody” can have distinct meanings in Texas family law. Therefore, knowing what differentiates each from the other is key when navigating custody and visitation arrangements.

Joint custody (joint managing conservatorship) primarily refers to how decisions about the child are made. Under this arrangement, both parents share the legal rights and responsibilities related to raising the child. This does not necessarily mean equal physical time with the child. One parent may still have primary physical custody, while both parents collaborate on major life decisions affecting the child’s education, health care and other important areas.

Shared custody, on the other hand, refers to an arrangement where both parents split physical custody of the child more or less equally. This is less common in Texas, as courts often find it impractical to have the child spend exactly half the time with each parent. However, some parents choose to implement shared custody agreements voluntarily, believing that it provides the child with a more balanced exposure to both parents.

Just because a parent may have a specific custody arrangement does not mean it is set in stone. Circumstances can change, and it may be necessary to revisit and modify custody agreements to better serve the child’s needs. Based on your legal needs, understanding these distinctions can empower you to have an expectation of what you are about to advocate for. Our experienced attorney can provide clarity and legal guidance on what can work best in your favor.

Our Approach To Custody And Visitation

People often ask us what our approach to custody and visitation rights is. Typically, people want to know how “aggressive” we are.

At Kell and Quilty, PLLC, our approach to custody and visitation depends on what each of our clients wants. If a client wants sole custody, then we will be more aggressive in our arguments. In other situations, we will rely more heavily on the law and argue how the law is on our clients’ sides. Above all else, we are focused on reaching sensible, workable solutions that meet our clients’ immediate and long-term needs.

How To Contact Us

For a skilled lawyer in custody, visitation and divorce, call Kell and Quilty, PLLC, in San Antonio, Texas, at 210-904-0282 or contact us online.