Child Custody Cases

Making conservatorship decisions is always the most painful part of divorcing. Being clear about your options from the start may make tough decisions easier.

Types of Conservatorship

• LegalVersus Physical Conservatorship:

• Sole Versus Joint Conservatorship:

Parenting Agreements

Most states including Texas, require the divorcing parents to have a written parenting plan outlining:

• Where the child will live
• Details of when the child will be with the noncustodial parent
• Who will make parenting decisions and how
• Where the child will be during holidays and school vacations
• How vacation time with each parent will be determined
• How the child will be insured medically

Factors In Determining Conservatorship

If you and your spouse cannot agree on a conservatorship arrangement, the court will likely make a decision based on the “best interests” of your child.

Factors the court will consider in deciding what’s in your child best interest include:

• Who is currently and has been the primary care provider for the child
• The mental and physical health of both parents
• Special needs such as medical care and psychological counseling your child may have
• The work schedules and availability of each parent
• Where any siblings will live
• The support systems (family and friends) of each parent
• The preference of an older child, such as a teenager
• The cooperation level between parents
• Any history of domestic violence between the parents

What To Expect In Conservatorship Litigation

Laws and procedures vary by state, but you should expect the following in a conservatorship lawsuit:

• One of the parents files for a divorce and asks the court to decide conservatorship
• Both parents file paperwork detailing each parent’s plan for where the child would live, visitation schedules, and how decisions concerning the child would be made
• The court will likely appoint an investigator, sometimes called a “conservatorship evaluator” or “guardian ad litem,” to interview the child, parents and potential witnesses such as family, friends and teachers, and make recommendations to the court regarding conservatorship
• The parents may be required to go to mediation, where a neutral third party will help the parents work out an agreement without going to court
• The parents may be required to complete a short parenting course regarding parenting after a divorce
• Attorneys for both parents may take “depositions” – formal questioning of witnesses under oath- to prepare for trial
• Both parents will likely have to answer formal written questions under oath, called “interrogatories“
• There will be a series of motions and hearings before the actual trial, to determine temporary conservatorship and child support
• At trial, the judge will hear from both parents and witnesses
• The judge may make his or her decision at the conclusion of the trial, or may wait and send a written decision days or weeks after the trial has ended

Fighting over your child is expensive, time-consuming and emotionally damaging to everyone involved, especially your child. But knowing your rights as you begin the process make help you make better decisions.

It is essential to hire a competent local lawyer who specializes in conservatorship litigation to help you in this process.