Understanding Custody Rights & Duties in Texas: A Guide for San Antonio Parents
Navigating the legal landscape of child custody, known in Texas as conservatorship, is one of the most challenging aspects of any family law matter. At Barton & Associates, Attorneys at Law, our dedicated San Antonio child custody lawyers provide clarity and strong advocacy for parents. We help you understand your fundamental rights and duties and fight to establish a custody framework that protects your relationship with your child while prioritizing their best interest. Whether you are facing an initial custody determination in a divorce or a modification due to changing circumstances, our firm is here to guide you through the complex Texas Family Code with expertise and compassion.
The Texas Framework: Conservatorship, Possession, and Access
Unlike many states, Texas uses specific legal terminology for custody. Understanding these terms is the first step in protecting your parental rights:
- Conservatorship: This refers to legal custody—the bundle of rights and duties a parent has regarding their child’s upbringing. It answers the question: “Who has the legal authority to make major decisions for the child?”
- Possession and Access: This refers to physical custody—the schedule outlining where the child lives and when each parent spends time with them. It answers the question: “What is the parenting time schedule?”
A custody order from a Bexar County court will define both conservatorship and the possession schedule. Our attorneys excel at crafting and arguing for orders that reflect our clients’ roles as loving, responsible parents.
Your Rights and Duties as a Parent Under Texas Law
The Texas Family Code outlines specific rights and duties that may be awarded to parents. These can be held exclusively by one parent or shared jointly, depending on the court’s orders. Our legal team strategically advocates for the allocation of these responsibilities to serve your child’s well-being and your role as a parent.
Key Parental Rights in Texas
Parents may have the right to:
- Receive information from the other parent concerning the child’s health, education, and welfare.
- Consult with physicians, dentists, and psychologists treating the child.
- Access the child’s educational records and consult with school officials.
- Direct the child’s moral and religious training.
- Apply for a passport for the child and consent to military enlistment.
- Designate the child’s primary residence within a specified geographic area (often a critical right in joint managing conservatorship).
Key Parental Duties in Texas
Parents are also tasked with essential duties, including:
- Providing for the child’s basic needs: This includes food, shelter, clothing, and a safe living environment.
- Caring for the child’s physical, emotional, and psychological health.
- Managing the child’s estate, if the child owns property.
- Making decisions in the child’s best interest in all areas of their life.
The central concept in every custody decision made by a Texas court is the “best interest of the child.” This standard guides judges in evaluating all factors, including the child’s emotional and physical needs, parental abilities, stability of each home, and, for children over 12, their own preferences. Our attorneys are skilled at presenting evidence that aligns your goals with this paramount legal standard.
Types of Conservatorship in San Antonio Custody Cases
Texas law recognizes several forms of conservatorship, each with different implications for parental rights.
Joint Managing Conservatorship (JMC)
Joint Managing Conservatorship (JMC) is the preferred arrangement under Texas law when it is in the child’s best interest. Contrary to common belief, JMC does not automatically mean a 50/50 time split. Instead, it means both parents share in the significant decision-making rights and duties for the child. The court will specify which rights are shared and which, if any, are exclusive to one parent. Most commonly, one parent is granted the exclusive right to designate the child’s primary residence, often within a specific geographic area like Bexar County or a contiguous county.
Sole Managing Conservatorship (SMC)
In a Sole Managing Conservatorship (SMC), one parent is awarded the majority of the legal rights and duties, while the other parent is typically named a possessory conservator with rights of possession and access. SMC may be ordered in situations involving family violence, substance abuse, abandonment, or other factors where the court finds that awarding joint rights would not be in the child’s best interest. Our firm provides vigorous representation for parents seeking or defending against a request for sole managing conservatorship.
The Rights of a Possessory Conservator
A parent not named a managing conservator is typically appointed a possessory conservator. This parent retains the right to possession of and access to the child according to a court-ordered schedule and also has certain fundamental rights, including:
- The right to receive information about the child’s health, education, and welfare.
- The right to access the child’s medical and educational records.
- The right to attend school and extracurricular activities.
- The duty of support, including child support.
Crafting and Enforcing Possession Orders: The Parenting Time Schedule
The possession order is the practical roadmap for your child’s life between two homes. In Texas, the Standard Possession Order (SPO) outlined in the Family Code is the default schedule, but it is not mandatory. The SPO provides the non-primary parent with possession on alternating weekends, one weekday evening per week, and expanded time during summers and holidays.
At Barton & Associates, we know that a one-size-fits-all schedule often fails to meet a family’s unique needs. We advocate for customized possession schedules that consider work hours, a child’s age and school commitments, travel logistics across San Antonio and surrounding areas, and the child’s need for meaningful time with both parents. Whether modifying the SPO or creating a completely unique schedule, we focus on achieving stability and predictability for your child.
How Our San Antonio Custody Lawyers Protect Your Rights
Custody disputes are deeply personal. Our approach combines thorough legal preparation with a clear understanding of your family’s dynamics.
- Strategic Case Evaluation: We begin by listening to understand your relationship with your child, your concerns, and your goals. We provide a realistic assessment of your case under Texas law.
- Aggressive Discovery & Investigation: We gather essential evidence to support your position, including documentation of your involvement in the child’s life, witness statements, and, when necessary, evaluations from family professionals.
- Skillful Negotiation & Mediation: We strive to reach a fair settlement through negotiation or court-ordered mediation, helping you avoid the cost and stress of a trial while still fighting fiercely for your core rights.
- Persuasive Courtroom Advocacy: If a trial is necessary, our attorneys are experienced litigators prepared to present compelling evidence and arguments before Bexar County judges to secure an order that protects your parental role.
- Enforcement and Modification: We assist with enforcing custody orders if the other parent violates them and handle modifications when a substantial change in circumstances warrants a change to conservatorship or possession orders.
Contact Our San Antonio Child Custody Attorneys Today
Understanding and protecting your parental rights and duties is critical to your child’s future and your ongoing relationship with them. The attorneys at Barton & Associates, Attorneys at Law, bring decades of combined experience in San Antonio family courts to your case. We provide the knowledgeable, assertive representation you need to navigate this challenging process.
Schedule a confidential consultation with our custody rights team to discuss your situation. We will help you understand your legal position and develop a strategy focused on achieving a stable, positive outcome for you and your child. Call our office today at 210-500-0000 or complete our online consultation form. We serve parents throughout San Antonio, Austin and Corpus Christi, Texas.
Main Category: Family Law
Practice Area Category: Child Custody
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
