Burnet County Child Custody Attorneys

Protecting Your Parental Rights in Burnet County, TX

When parents divorce or separate, one of the most important issues they face is child custody. In Texas, child custody is referred to as conservatorship. The parent who has conservatorship of the child has the right to make important decisions on behalf of the child, such as where the child will live, what school the child will attend, and what medical treatment the child will receive. The parent with conservatorship also has the right to receive child support from the other parent.

At Cofer & Connelly, PLLC, we understand how important your children are to you. Our Burnet County child custody lawyers are here to help you protect your parental rights and your relationship with your child. We will work with you to develop a child custody arrangement that meets your needs and the needs of your child.

Call (512) 991-0576 or contact us online to schedule a consultation with our Burnet County child custody lawyers today.

How Is Child Custody Determined in Texas?

When determining child custody, the court will always consider the best interests of the child. The court will also consider the child's wishes if the child is at least 12 years old. The court will also consider the ability of each parent to provide for the child's physical, emotional, and mental needs. The court will also consider the stability of each parent's home and the presence of any history of domestic violence or child abuse.

There are two types of conservatorship in Texas:

• Joint Managing Conservatorship (JMC): In a JMC, both parents share the rights and duties of raising the child. The child will live with one parent, who is referred to as the custodial parent. The custodial parent will have the right to determine the child's primary residence. The other parent, who is referred to as the noncustodial parent, will have visitation rights and the right to make decisions regarding the child's education, medical care, and other important matters. The court will typically award JMC unless there is a history of domestic violence or child abuse.
• Sole Managing Conservatorship (SMC): In an SMC, one parent has the right to make important decisions on behalf of the child. The child will live with the parent who has SMC, and the other parent will have visitation rights. The court will only award SMC if there is a history of domestic violence or child abuse.

Even if one parent has SMC, the other parent will still have the right to access the child's medical and educational records. The other parent will also have the right to consult with the child's doctor and teachers.

What Is a Standard Possession Order?

In Texas, the court will typically award a standard possession order (SPO) to the noncustodial parent. An SPO is a visitation schedule that allows the noncustodial parent to spend time with the child. The SPO provides for visitation on the first, third, and fifth weekends of each month. The noncustodial parent will also have visitation on Thursdays during the school year and for 30 days during the summer. The noncustodial parent will also have visitation on the child's birthday and certain holidays.

Parents can agree to a different visitation schedule. The court will approve the schedule if it is in the best interests of the child.

Can a Child Choose Which Parent to Live With in Texas?

In Texas, a child who is at least 12 years old can tell the court which parent they want to live with. The court will consider the child's wishes, but the court will still make the final decision based on the best interests of the child. If the child is under 12 years old, the court will not consider the child's wishes.