Tyler Child Custody & Custody Modification

Family Law Attorney

During marriage, parents have an understanding of the rules pertaining to children and the household: who takes the children to school, who shops for groceries and prepares meals and who pays the bills. However, when parents divorce, these rules no longer work. Because the children cannot live with both parents, new rules must be established. If you and your spouse cannot agree to a parenting plan, the court will establish one that you are required to follow, whether or not you agree.

Types of Child (Custody) Conservatorship

Most states refer to types of "child custody," such as sole custody, joint custody and shared custody, to describe arrangements for child care and responsibilities after divorce. However, the Texas Family Code uses the term "conservatorship" to define custody arrangements, which are referred to as:

  • Sole managing conservatorship – The legal custodian makes unilateral decisions concerning the children, choosing daycare and medical providers, schools, churches and social activities. (Called sole custody in other states.)
  • Joint managing conservatorship – The parents share responsibilities for legal custody, and both are involved in making major decisions regarding the children’s upbringing. The parents share physical custody, and the children spend time living with each parent. (Called joint custody in other states.)
  • Possessory conservatorship – One parent is given some rights in the children’s upbringing, while the other parent is designated as sole managing conservator and has the primary responsibility for the children. (Called shared custody in other states.)

Unless one parent has exhibited ongoing child abuse and neglect or alcohol/drug dependency, Texas courts generally consider a joint managing conservatorship to be in the best interest of the children. As long as parents are willing to cooperate and live within a reasonable distance of one another, when the court decides on the parenting arrangement, it will choose for both parents to share jointly in the care and upbringing of the children.

How We Can Help

At the Law Office of Milissa C. Barrick, P.C., in Tyler, Texas, helping clients arrive at practical solutions for workable parenting arrangements for their child custody disputes is an integral part of our Texas family law practice. We encourage parents to work together to arrive at a parenting plan, weighing what is in the best interests of their children.

Custody disputes are often one of the most contested aspects in reaching a divorce settlement and also are the most common area of conflict after divorce. When circumstances change – for example, one parent moves, becomes ill, remarries or is sentenced to imprisonment – a parent may seek modification and/or enforcement of a child conservatorship. Our law firm regularly assists clients with modification and enforcement of child custody and visitation arrangements and court orders.

When you need legal advice and guidance to resolve child custody, visitation arrangements and modification or to enforce an existing court order, you can rely on Milissa Barrick’s knowledge to protect your rights and help you resolve your custody problem.

Contact Us — The Law Office of Milissa C. Barrick

Our Tyler, Texas, law firm offers an initial consultation at no cost to you. Call our office at (940) 489-3045, or you may send an e-mail. Legal help is only a click away. Contact Us.

Child Custody Lawyer serving Texas residents at home and abroad, whether in the military or employed overseas

The Law Office of Milissa C. Barrick inTyler, Texas focuses on the practice areas of Family Law, Divorce, Collaborative Law, Child Custody & Modification, Child Support and Spousal Support.

We represent clients in East Texas, including Smith county and the cities of Tyler, Flint, Bullard, Whitehouse, and Chandler, Gregg county and the city of Longview, Henderson county and the city of Athens, Cherokee county and the city of Jacksonville, Rusk county and the city of Henderson, Upshur county and the city of Gilmer, Wood County and the city of Quitman, Van Zandt county and the city of Canton, and Anderson county and the city of Palestine.