Child Custody Lawyer Waco, TX

Blanchard & Thomas: Protecting Your Child’s Best Interests

Child custody cases are never easy, especially when the children are old enough to be aware of what is going on. All they want is a stable living situation and for the drama of the issue to be over. At Blanchard & Thomas, our Waco child custody attorneys have handled many custody cases and we do our best to shoulder as much of the burden as possible so that you have time to spend on your daily life with your child or children.

Call now to schedule a consultation with one of our skilled attorneys.

Types of Child Conservatorships

In Texas, child custody is often referred to as conservatorship, a word which describes the responsibilities and legal rights of a parent. A child’s custodian is referred to as a conservator. Unless both parents agree on a custody plan, a judge will determine the details of a conservatorship.

The two types of conservatorship include:

• Joint managing conservatorship (JMC): In a JMC, both parents or parties share the responsibilities and rights of a parent. However, it is still possible for certain decisions to fall under the discretion of one parent only.
• Sole managing conservatorship (SMC): In an SMC, only one parent is given the legal right to make important decisions for the child’s welfare, education, medical treatment, and more.

What Rights Are Given in a Conservatorship?

Whether sharing in conservatorship or functioning as the primary conservator, there are certain responsibilities and duties that you are legally obligated to fulfill in the best interest of the child.

Conservatorship includes the rights to the following, and more:

• Information and decisions about the child’s health, education, and welfare
• Information and decisions concerning the child’s medical, dental, and educational records
• Ability to speak with a physician, psychologist, or dentist about the child
• Ability to speak with school officials about the child’s activities and education
• Ability to decide on emergency treatment for the child

Is Texas a Mother State for Custody?

The state of Texas has laws that will make the mother full custodian of the child if she is not married. She will continue to remain full custodian as long as the father cannot establish paternity. With sole custody, the mother can make all the legal decisions for the child which include everything educational and medical.

Texas Child Custody FAQs

How is child custody determined?

The courts determine child custody based on the best interests of the child. Some of the factors the courts will consider include:

• The child’s physical safety
• Provisions for the child (food and clothes)
• Supervision of the child
• Emotional support for the child
• The parent that is already the primary caretaker of the child
• If one parent is abusive to the child
• If one parent abuses drugs or alcohol
• The child’s exposure to domestic violence
• The child’s wishes (depending on the child’s age)

What makes a parent unfit for custody?

An unfit parent will fail to provide the guidance, care, and support that the child needs. Situations such as abuse, neglect, and substance abuse constitute a failure. If you are wondering if the custodial is parent is unfit, do not hesitate to contact our office for legal assistance.

Will I get child support if I have custody?

There are various factors that will affect who gets child support such as who has primary custody and who has the higher income. Oftentimes, the parent with primary custody will receive some measure of child support.

When can a child have a say for which parent to live with?

Once the child is 12 years old, then he or she will be given a say regarding who gets custody. However, the child’s preference will not be the sole factor in deciding custody, just a consideration.

What are “temporary orders”?

Temporary orders are requested upon filing for divorce. This allows matters such as custody, visitation, support, etc. to be governed while the divorce is in process. The orders will be decided on a permanent basis once the divorce is finalized.

Schedule Your Initial Consultation

We work with you on a personal level. Whether you are looking to take your child out of a harmful environment, looking to expand your visitation rights, or show why it is in your child’s best interest to live with you, our Waco family law lawers can fight for you. We will understand your unique situation and you will understand the process as we work through it together. We will work diligently to get a fair and amicable resolution to your child custody matter, allowing you to put your case behind you.