Child Conservatorship / Custody

The public policy of Texas is to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the "best interest" of the child, provide a safe, stable, and non-violent environment for the child, and encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. A court may not render an order that conditions the right of a parent to possession of or access to the child on the payment of child support. The "best interest" of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. The court does not consider the gender of the parties in determining the terms and conditions of conservatorship and possession of and access to the child.

The court may appoint one person as "sole managing conservator" or appoint both parents as "joint managing conservators." A managing conservator must be a parent, a competent adult, an authorized agency, or a licensed child-placing agency. If a child is 10 years of age or older, the child may, by a writing filed with the court, choose the managing conservator subject to the approval of the court.

Refer to the Texas Family Code §153.132 for the rights and duties of a parent appoint as sole managing conservator.

If an agreement for joint managing conservatorship is filed with the court, refer to the Texas Family Code §153.133 for a listing of requirements in the agreement.

If an agreement for joint managing conservatorship is not filed with the court, refer to the Texas Family Code §153.134 for a listing of factors that the court will consider in constructing and rendering an order for joint managing conservatorship.

Possession of the children is subject to mutual written agreement by the parties, governed by the standard of best interest of the child, and subject to court review and approval. Generally speaking, the non-custodial parent will have possession of the child on the 1st, 3rd, and 5th weekends of every month, an extended summer visitation schedule, and swapping holidays with the custodial parent.

The Law Offices of Thomas A. Martin represents clients throughout Southeast Texas, including the cities of Houston, Galveston, Memorial, River Oaks, West University, Clear Lake, League City, Sugar Land, Pearland, Beaumont, Hempstead, Katy, Conroe, and all the communities in Brazoria County, Chambers County, Fort Bend County, Galveston County, Harris County, Jefferson County, Liberty County, Montgomery County, and Waller County.