Choose A Caring And Knowledgeable Conservatorship Attorney
While many clients ask about child custody when they need family law help, very few ask about conservatorship. Under Texas law, the proper term for the person granted parenting rights in a divorce is “conservator.” When parenting rights are determined between divorcing couples or parents who never married, the courts are deciding on conservatorship, not custody in Texas.
Whatever name you call it, there is nothing more important than the care and wellbeing of your child or children. When parents disagree over the proper way to share the rights and responsibilities of raising their children, the fight can be bitter. Going through a change in your relationship is an emotional experience. When that is combined with the sudden reduction of your ability to be with your children and raise them as you see fit, the emotional toll can be intense. Getting the help of an experienced lawyer who cares about getting the right outcome for you is vital.
At the Law Offices of Keith E. Holloway, I help parents establish a conservatorship arrangement that works for them. I will help you understand the law and your rights and options regarding conservatorship. When you have questions, I will be there to provide answers and clarity to make the process less stressful. My goal is get you the best possible result now and for the future.
Negotiation, Mediation And Litigation
Generally speaking, it is beneficial for parents and children to come to an agreement on conservatorship issues mutually. Negotiation and mediation are tools that allow parents to work out their priorities and make sure their input is heard during the process. A parenting plan that is formed through cooperation is more likely to be followed and supported than one handed down by the court.
Negotiation requires two sides to work together, however. In cases where the other party will not negotiate, or will not negotiate in good faith, you need a lawyer with trial experience and the willingness to fight for you. I have that trial experience and the experience to know when we will need to fight to get what you deserve.
The Best Interests Of The Child
The court makes all conservatorship decisions based on what is in the best interests of the child. Even if you negotiate a parenting plan with your co-parent, the courts will review it to ensure that your child is properly protected by the agreement. Every argument concerning the rights of conservators must be framed as serving the child’s interests in order to be successful.
In Texas, there is a rebuttable presumption that appointing both parents as joint managing conservators is in the best interest of the child. The courts must have a good reason to restrict the parenting rights of one parent when compared to the other. Joint managing conservators don’t necessarily have the same amount of parenting time, but they do have equal rights when it comes to important decisions about the child’s education, religion, health and wellbeing. One parent can have the power to designate the child’s primary residence and can have significantly more time allocated with the child while still being a joint managing conservator with the other parent.