Be Prepared: The Legal Terms You Need to Know in a Child Custody Case in Texas

Are you a parent going through a custody or visitation case in Texas? It is crucial that you know how to protect your rights and your family. You may come across many terms that you are not familiar with. At Lindamood & Robinson, P.C., we want to make sure that you understand the legal meaning (and legal implications) of key terms. Here, our Houston child custody attorney provides an overview of the legal terms that you should know in a child custody case in Texas.

Conservator (Conservatorship)

You hear the word conservator or conservatorship used in Texas courts instead of “custody.” The term “conservator” refers to a parent or guardian who has legal rights and responsibilities for a child. Conservatorship is the legal framework that determines decision-making authority over issues such as education, health care, and general welfare. Texas law recognizes different types of conservatorship, including joint managing conservatorships (joint legal custody) and sole managing conservatorships (sole legal custody).

Possession and Access

Possession and access are terms used to describe the legal schedule for when a parent spends time with their child. In Texas, this is often called visitation, but the law prefers the more precise term. One parent could have primary possession of a child while the other parent has access to the child. Courts typically issue a Standard Possession Order unless parents agree on a different arrangement that serves the child’s needs.

Standard Possession Order (SPO) 

The Standard Possession Order is the default schedule that Texas courts use to set out when each parent spends time with the child. Along with other key points, the SPO outlines weekends, holidays, and summer vacation. Unless the parents agree to a different arrangement, the SPO applies in most cases. With that being said, courts in Texas can adjust the schedule to account for the child’s age, school schedule, or other special circumstances.

Best Interests of the Child

Texas is a best interests of the child state (Texas Family Code, Section 153.002). In custody and visitation cases in Houston and elsewhere in Southeast Texas, courts may consider many factors, including the child’s safety, emotional needs, and the ability of each parent to provide stability. It is a comprehensive standard of evaluation.

Guardian Ad Litem 

A guardian ad litem is a court-appointed representative who is tasked with being the advocate for the child’s best interests during a custody case. They are not required in every case. Typically, a GAL will only be brought in if there is significant conflict or if there is a complicated case. Unlike a parent, a GAL does not take sides. Their job is to provide an independent assessment. They may interview the child, parents, teachers, or medical professionals to gather insight. Their recommendations help the judge make a more informed custody decision.

Call Our Houston Child Custody Lawyer Today

At Lindamood & Robinson, P.C., our Houston child custody attorney is a skilled advocate for parents and families. If you have any questions about the laws in Texas, please contact us today to set up your completely confidential, no obligation initial consultation. With an office in Houston, we provide child custody representation throughout the entire surrounding region in Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#:~:text=1%2C%201999.-,Sec.,and%20access%20to%20the%20child.