Divorce & Conservatorship in Texas
What is the difference between divorce and conservatorship?
Divorce is the legal process of ending a marriage, which includes dividing assets, determining spousal support, and deciding child custody. Conservatorship, in family law, refers to the legal rights and responsibilities a parent has over a child, including decisions about their education, medical care, and general welfare.
What are the different types of conservatorship in Texas?
Texas law recognizes two main types of conservatorship:
Joint Managing Conservatorship (JMC): Both parents share decision-making rights and responsibilities for the child.
There is a presumption of JMC for all divorce cases in Texas. This means you have to show a reason to rebutt that presumption.
Sole Managing Conservatorship (SMC): One parent has the exclusive right to make major decisions for the child.
What is conservatorship in Texas comprised of?
In Texas, conservatorship refers to a parent's legal rights and responsibilities regarding their child. It is comprised of three main aspects:
Managing Conservatorship – The right to make major decisions about the child’s upbringing, including education, medical care, and religious practices.
Possessory Conservatorship – The right to have physical possession of the child and determine their day-to-day care during scheduled visitation periods.
Child Support Obligations – The financial responsibility of a parent to provide for the child’s needs, typically court ordered to the noncustodial parent.
How does a court decide conservatorship in a divorce case?
The court considers the best interests of the child, including factors like:
Each parent’s ability to provide a stable home.
The child’s physical and emotional needs.
Any history of domestic violence or substance abuse.
The child’s preference (if they are old enough).
Can I get full custody of my child in a divorce?
Yes, but the court typically prefers joint managing conservatorship unless one parent is deemed unfit. If you seek sole managing conservatorship, you must show that shared custody would not be in the child’s best interests.
Do I need a lawyer for a divorce or conservatorship case?
While it’s possible to handle these cases without an attorney, legal representation is highly recommended, especially if the case involves child custody disputes, significant assets, or allegations of abuse.
What is a court-appointed attorney, and do I qualify for one?
In divorce cases, court-appointed attorneys are generally not provided. However, in conservatorship cases, if CPS is involved or if parental rights are at risk of termination, you may qualify for a court-appointed attorney if you cannot afford one. You must request one from the court and provide financial documentation.
Can child support be modified after a divorce?
Yes, child support can be modified if there is a significant change in circumstances, such as job loss, a substantial increase in income, or changes in the child’s needs. You must file a request for modification with the court.
What happens if the other parent violates a custody order?
If a parent violates a custody order, you can file an enforcement motion with the court. The judge may issue penalties, modify the order, or, in extreme cases, hold the parent in contempt of court.
How does a court determine child support?
Child support is typically calculated based on the noncustodial parent’s income and follows state guidelines. Factors include the number of children, the parent’s financial situation, and any special needs the child may have.
Can my child decide which parent they want to live with?
In Texas and some other states, a child aged 12 or older may express a preference, but the final decision is up to the judge, who will consider the child’s best interests.
What is the process for modifying a conservatorship order?
To modify a conservatorship order, you must file a petition with the court and prove that a significant change in circumstances justifies the modification. This could include relocation, a change in the child’s needs, or concerns about the child’s safety.
How long does a divorce take?
A divorce can take anywhere from a few months to over a year, depending on whether it is contested or uncontested. Texas law, for example, requires a 60-day waiting period from the date of filing before a divorce can be finalized.
How are divorce, conservatorship, termination, and adoption cases billed at LDG, Pllc?
Due to the complexities and unique issues in every case, we request a retainer, which is set by the attorney, and then bill hourly for work done every month and bill against the retainer.
Hourly Rate: Most family law attorneys charge by the hour, varying rates based on experience and location.
Retainer Fee: Clients often pay an upfront retainer, which the attorney draws from as they work on the case.
However, for uncontested divorces, we bill a 1-time upfront $2,000 fee.
What factors affect the cost of a divorce or conservatorship case?
The cost of your case depends on several factors, including:
Whether the case is contested or uncontested.
The complexity of child custody or property division.
The number of court appearances and filings required.
Attorney experience and billing structure.
Can my spouse be ordered to pay my attorney fees?
Yes, in some cases, the court may order one spouse to pay the other’s attorney fees, especially if there is a significant disparity in income. This is more common when one spouse has primary custody and limited financial resources.
What is an uncontested divorce?
An uncontested divorce is when both spouses agree on all major issues, including property division, child custody, child support, and spousal support. Since there are no disputes to resolve in court, uncontested divorces are typically faster, less expensive, and less stressful than contested divorces. In many cases, the couple can finalize the divorce through a written agreement without the need for a trial.