Child custody is frequently the most emotional aspect of family law. It can also be confusing as well. Child custody is made up of two parts: conservatorship, and possession and access.
Conservatorship deals with the rights and duties of child rearing, such as education or medical decisions for your child, while possession and access is exactly what it sounds like — the time you have with your child. So, just because you are named joint managing conservators does not mean you will have equal time with your children. Hence, the reason there are often fights over child custody.
When the parents of a child divorce, the presumption is that both parents should be named joint managing conservators. It is much less uncommon for one parent to be appointed as the sole managing conservator.
At Scroggins Law Group, board-certified family law specialist Mark L. Scroggins gives you the facts you need, realistic assessments, dedicated advocacy and personal service throughout the legal process. No two divorces, and no two families’ custody and visitation needs, are exactly alike. You deserve customized representation that speaks for your individual issues. Our lawyers use their decades of experience, and command of Texas divorce and family law, to craft custody agreements that are tailored to your unique circumstances.” If you are designated as a “managing conservator,” you may exercise authority over your child’s education, medical care, moral and religious upbringing, and other major decisions depending on the parental rights ordered by the court. If a sole managing conservator is appointed, the other parent is usually designated as a “possessory conservator,” which limits his/her rights and duties concerning child-rearing decisions that are awarded by the court. Most likely that person will still have possession and access of the children at specified times in accordance with the parenting plan.
Though a joint managing conservatorship is the norm, this does not mean that you and your former spouse will get equal possession of your child. Rather, the court generally designates one parent as the parent with the exclusive right to establish the primary residence of the child. Not surprisingly, this designation can be hotly contested. Our law firm can be a strong voice for your objectives in court.
Do you have a child custody order that is no longer working? Well, often it can be modified. To modify the order, you have to prove that there has been a material or substantial change in circumstances of one of the parties or the children. You also have to be able to prove that the modification is in the best interest of the child.Every legal battle must be fought with resources and strategies. We excel at formulating both, on behalf of your child custody goals. Contact Scroggins Law Group, to discuss those objectives during an initial consultation. Reach us in Dallas today — by phone at 214-469-3100 or by email message.
*Mark L. Scroggins is *board-certified in family law by the Texas Board of Legal Specialization. Unless otherwise noted, other attorneys are not *board-certified.
**Super Lawyers (a Thomson Reuters service, awarded to Mark Scroggins 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021)
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