Gone are the days when mothers were awarded sole conservatorship by default. Now, Texas courts recognize both parents' ability to act as the primary caregiver of their children, and they will rule in favor of what's deemed best for the child(ren). Because it's widely acknowledged that a child's personal growth and development will benefit most from having a positive relationship with both parents, the court will first try to arrange for.
Starting out with equal recognition, a court may now look at other factors aside from gender to decide which parent should have sole conservatorship.
These other factors include:
- how much time you spend with your children;
- if you are aware of, and actively participate in, your children's lives;
- how stable you are in your personal and professional life;
- what your yearly income is;
- if you have a parenting plan; and
- if you can provide proper care for your children.
While a court will generally try to give 50/50 conservatorship to both parents, you will need to prove why you would be a superior choice for your child to spend most, or all, of their time with.
The distinction between the different types of conservatorship:
- Managing conservatorship. This is also also called "custody," and may refer to one parent that has custody or both parents.
- Possessory conservatorship. This refers to visitation, and may also be called "possession."
- Primary physical residence. This is where the child lives the majority of the time. This decision can be made either by a sole managing conservator or joint managing conservator, depending on which arrangement the judge has decreed.
Mistakes to Avoid
If you are a father attempting to seek sole conservatorship of your children, it's important to work with an attorney experienced in child conservatorship cases.
There are a few mistakes a father can make while trying to gain conservatorship of their children. These mistakes are:
- failing to respond to the conservatorship case;
- obtaining legal advice that proves to be inaccurate (from family and friends);
- signing a settlement agreement without reading it thoroughly;
- failing to uphold the conditions of the signed agreement; and/or
- becoming frustrated by unreasonable demands from your former partner.
Children lucky enough to have the positive influence of a father often have fewer behavioral problems. They also show higher levels of sociability and perform better in school and extracurricular activities.
Reach Out to Labovitz Law Firm
If you are a father trying to gain sole conservatorship of your children, give us a call today. We have over 16 years of experience with child conservatorship cases, and we can help you illustrate to a court why you would be the best custodial choice for your children.
Contact our firm online or give us a call today at (817) 374-4056.