Sugar Land Conservatorships Lawyer

Sugar Land Conservatorships Attorney

Child custody is a serious matter, and decisions made around custody can have a profound effect on the lives of everyone in a family. The process of arranging a conservatorship can be daunting, but you don’t have to go through it alone. If you are in the Sugar Land area and you need to establish a conservatorship, you could benefit from the help of a Sugar Land conservatorships lawyer.

About D Marie Family Law

Your family is the most important thing in the world to you. At D Marie Family Law, attorney Donnica Marie Blackful is committed to helping you protect what is most precious. With a winning mindset and the legal knowledge and experience to get creative and find solutions, Donnica is the strong, level-headed advocate you want in your corner. Our law office is conveniently located off of Southwest Freeway in Sugar Land.

What Is Conservatorship in Texas?

Divorce is common everywhere in the United States, and Texas is no exception. With a divorce rate of 2.1 per 1,000 people, child custody — known as conservatorship in Texas — is a prominent legal issue. There are three general kinds of conservatorship in Texas:

• Joint managing conservatorship. In a joint managing conservatorship, both parents share custody of the child, although they may not have equal parenting time. They have equal authority to make decisions for the child, including things like medical care, education, and religious upbringing. In Texas, a joint managing conservatorship is the default arrangement, as the assumption is that joint custody is in the best interests of the child.
• Sole managing conservatorship: In a sole managing conservatorship, one parent or guardian is awarded sole custody of the child, with the sole authority to make major decisions. In Texas, this kind of custody arrangement is reserved for situations in which the other parent is unfit to share custody.
• Possessory conservatorship: Possessory conservatorship is the counterpart to a sole managing conservatorship. In that arrangement, the noncustodial parent often has a limited possession arrangement. During those times of possession, they have a possessory conservatorship. A possessory conservator can make basic daily decisions for the child when the child is in their care, like decisions regarding meals or activities.

How Is Conservatorship Established in Sugar Land, Texas?

When custody of a child is in question, Chapter 153 of the Texas Family Code supports a default arrangement of a joint managing conservatorship. If both parents represent safe guardianship, courts usually move forward with this arrangement and establish a parenting schedule called a standard possession order. This schedule dictates when the child will spend time with each parent. Alternatively, parents can draft their own parenting agreement for court approval.

Assuming there are no abuse allegations or concerns about the child’s safety with one of the parents, the process of establishing a conservatorship in Texas is fairly straightforward:

1. File an initial petition. The first step is for one parent to draft and file an initial petition for custody.
2. Respond to the initial petition. The other parent is allowed a chance to respond to the petition.
3. Put temporary custody orders in place. With the help of a mediator, parents create a temporary custody agreement to be enforced while the proceedings are ongoing.
4. Work out an arrangement. With temporary orders in place, the parents then work out an agreeable arrangement, either on their own or with the help of a mediator or a judge.
5. Receive final custody judgment. A judge reviews the parenting arrangement and either approves it or requests modifications. If the judge is making the decision rather than the parents, then the decision is simply handed down.

Custody proceedings become more complicated when one or both parents are deemed unfit or are alleged to be unfit. If interested parties do not agree, the custody case can proceed to a court hearing in one of the Fort Bend County District Courts. During this hearing, evidence of parental fitness or lack thereof can be presented to a judge, who has the ultimate authority to decide custody.

Hire a Conservatorships Lawyer in Sugar Land

If you need to establish a conservatorship, you should hire a conservatorships lawyer. In situations where parents can communicate in a civil manner, an attorney can help with drafting and understanding potential parenting plans and submitting them to the court.

If things are more contentious between you and your co-parent, a lawyer can help you build your conservatorship case and present evidence on your behalf during a custody hearing.

FAQs

How Is a Conservatorship Different From a Guardianship?

In Texas, the term conservatorship refers to custody of children in family law, while guardianship is for adults who are unable to make decisions for themselves due to an injury, illness, or disability that renders them incapacitated. Guardianships can be complete or limited, and each case is unique. Guardianships can also be temporary if the incapacitated individual regains the ability to care for themselves.

Does a Sole Managing Conservatorship Mean the Other Parent Never Sees the Child?

No, the establishment of a sole managing conservatorship does not mean that the other parent never has access to the child. In most cases of sole managing conservatorships, the other parent is still granted visitation rights. The amount of visitation time and conditions associated with the visits are unique to each case.

Can a Child Decide Who They Want to Live With in Texas?

A child cannot unilaterally decide who they want to live with under Texas law. However, if a child is of a certain age and wants to live with one parent or the other, Texas judges are required to interview the child to discuss their preferences. During the interview, the judge can assess the child’s reasoning ability and decide whether or not to let the child’s desires influence the outcome of the case.

Can a Conservatorship Arrangement Be Modified Once Established in Texas?

Yes, a conservatorship agreement can be modified once established in Texas. Like the initial establishment of the agreement, modifying it is a formal legal process, and any modification must be approved by a judge to be enforceable. Our legal team can help you secure a modification of an existing conservatorship agreement.

Contact D Marie Family Law Today

Establishing a conservatorship in Texas can be a stressful process, and the implications for you, your child, and your family can be far-reaching. At D Marie Family Law, we can assist you in reaching an agreement that works for your family, helping you establish peace, stability, and family harmony. Contact our family law firm today for a consultation to discuss your case.