Child Custody in a Texas Law

In a Texas divorce a court will decide who has custody of any children and set the terms and conditions regarding visitation and child support. The court may appoint either joint managing conservator is or a sole managing conservator.

If the biological parents of the child are separated or will be separated for some other reason such as after a divorce the court must appoint at least one managing conservator which must be a parent, a competent adult, authorized agency or licensed child placing agency.

In most cases a court will appoint one of the child's parents as managing conservator unless that parent has a history of family violence, or the court finds that the appointment of the parent would not be in the best interest of the child because such appointment might significantly impair the child's physical health or emotional development. This parent then becomes the child's primary caregiver and is known as the custodial parent.

When a court makes a determination as to whom they will appoint sole managing conservatorship a court must consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child.

If a parent is appointed sole managing conservator they have the exclusive right to establish the child's primary residence,the right to consent to medical, dental or surgical procedures, the right to consent to psychiatric or psychological evaluation, the right to receive and give receipt for periodic payments for the support of the child including the right to hold or disperse these payments for the child's benefit, the right to represent the child in legal action, the right to consent to marriage and/or enlistment in the Armed Forces, the right to make decisions concerning the child's education, right to the child's earnings, and the right to act as an agent of the child in relation to the child's estate unless a court has appointed a guardian or attorney ad litem.

Determining a Custody Plan

For many individuals the most important part of the divorce process may be determining a custody plan for their children.

Often, one parent is awarded custody of the children, and the other is awarded visitation time, which will be interpreted through a parenting plan.

Depending on the circumstances, both parents may have equal say in the decision-making process for the children. This includes decisions regarding schooling, religious upbringing, day care, health insurance and medical care.

Child Custody (Family) in Texas Law

Civil Practice and Remedies

Child+custody*

pertaining to limitations on actions brought by former patient minor

Criminal Procedure

Child+custody*

pertaining to digital signature and electronic documents, duties of peace officers, temporary custody, public intoxication, capias pro fine, children taken into custody, nonsecure custody for children, violation of juvenile curfew, eligibility to participate in program, victims assistance program

Education Code

Child+custody*

pertaining to residential facilities, job placement agency, 24-hour custody or care, powers and duties of peace officers and other attendance officers, instructional requirements for alternative education services in juvenile residential facilities

Family Code

Child+custody*

pertaining to consent to treatment by child, contents of authorization agreement, execution of authorization agreement, effective authorization agreement, termination, court ordered right of possession or access to a child, conservatorship, possessory right, transfer from a criminal court, admissibility of the statement of a child, place and conditions of detention, polygraph examination, issuing a warning notice, taking of a child into custody not interest, directive dapper dan, release or delivery to court, designation of juvenile processing office, responsibility for transporting juvenile offenders, first offender program, referral to juvenile court, notice to parents, preliminary investigation and determinations, release from detention, hearing, summons, detention, disposition hearing

Family Code

Child+custody*

pertaining to gang related conduct, right to appeal, collection of records of children, photographs and fingerprints, fingerprints or photographs to identify runaways, confidentiality of records, destruction of records, physical records or files, incident number, uniform incident fingerprint card, types of information contained in local juvenile information system one, sanctions, education additional article, it right to be informed of proceeding, right of access to a child, information provided by medical professionals, local registry, contents of final order, attorney ad litem, amicus atty., volunteer advocates, social study evaluated, uniform child custody jurisdiction and enforcement act, indian tribes

Family Code

Child+custody*

pertaining to international application, effective child custody determination, limited immunity, testimony in another state, cooperation between courts, preservation of records, initial child custody jurisdiction, jurisdiction to modify determination, temporary emergency jurisdiction, notice, opportunity to be heard, joinder, inconvenient forum, jurisdiction decline by reason of conduct, enforcement under hague convention, duty to enforce, petitioner, respondent

Family Code

Child+custody*

pertaining to temporary visitation, registration of child custody determination, enforcement of registered determination, expedited enforcement, immediate physical custody, hearing and order, warned to take physical custody of a child, appeals, roll a prosecutor or public official, court ordered support for disabled child, standing to sue, authority to transfer, the remedies cumulative, race or ethnicity, contents of report, referral of report by department or law enforcement, confidentiality and disclosure, investigation of report, neglect, person responsible for a child care custody or welfare

Family Code

Child+custody*

pertaining to conduct of investigation, anonymous report, removal of child from state, information relating to investigation procedure, informational manuals, testing, investigations in juvenile justice programs and facilities, living child after abortion, possession and delivery of missing child, temporary care, filing petition after taking possession child and emergency, evaluation of identified relatives, placement, notification of possession of abandoned child, filing petition after accepting possession of abandoned child, or to long forced agencies, confidentiality, search for relatives, final order appointing department is managing conservator, abandoned children, termination of parental rights, services, use of information and records

Government Code

Child+custody*

pertaining to child welfare, jurisdiction, 11th judicial district, nueces county, election counselor, exemption from jury service, search for parent or guardian of child, establishment of public retirement system, survivor benefits, family law cases, domestic violence case, punitive action for failure to immunize,

Health & Safety Code

Child+custody*

pertaining to application for court ordered mental health services, department responsibilities, application for placement, jurisdiction

Human Resource Code

Child+custody*

pertaining to advisory board, governance of commission, treatment programs, internal audit, report, juvenile correctional officers, required background and criminal history checks, use of existing institutions and agencies, operations of programs and facilities, office of inspector general, toll-free number, religious training, zero-tolerance, health care delivery system, rights of parents, children with mental illness or mental retardation, examination before discharge, transfer certain children serving determinate sentences for mental health services, notice of pending discharge, evaluation of certain children surviving determinate sentences, release under supervision, comprehensive reentry and reintegration plan for children, completion of minimum length of stay, requests for reconsideration of extension, no forfeiture of civil rights, escape and apprehension, no forfeiture of civil rights, escape and apprehension

Insurance Code

Child+custody*

pertaining to coverage for surviving dependent child, child care facility

Labor Code

Child+custody*

pertaining to general exemptions, operation of motor vehicle for commercial purposes, employment of a child under the direct supervision of the child's parent or an adult having custody, nonhazardous casual employment

Local Government Code

Child+custody*

pertaining to child care services

Occupation Code

Child+custody*

pertaining to required suspension revocation or refusal of license, abduction of a child

Penal Code

Child+custody*

pertaining to injury to a child, abandoning or endangering a child, injury to elderly or disabled individual, and deterrence would child custody, agreement to adopt from custody, enticing a child, harboring runaway, sale or purchase of a child

Transportation Code

Child+custody*

pertaining to arrest of a child

Family Code

Conservatorship

the legal word for child custody in divorce is usually conservatorship. this link covers the broad use of conservatorship in the family code.

Family Code

Joint+conservatorship

usually in divorce, the court grants joint custody known as "joint managing conservatorship".

Government Code

Divorce+child+custody*

pertaining to the jurisdiction of the courts in family matters including child custody.

Penal Code

Divorce+child+custody*

pertaining to interference with child custody

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Family-Child Custody 00000000