When a parent is worried about the safety of their child, nothing is more important to them than getting the child to a safe place. If a parent shares physical custody or "possession" of a child with another parent, they are typically expected to follow the custody plan. However, if circumstances warrant it, a parent may get emergency custody of a child. An emergency custody order gives a parent immediate custody of a child without needing to go through the motions of requesting a child custody modification via the usual route.

When Does a Situation Necessitate an Emergency Custody Order?

The courts seek to preserve the current custody arrangement unless there is a strong reason to deviate from the arrangement, so emergency custody orders are not granted lightly. Texas law states that a temporary emergency order may be issued if the child's current situation would "significantly impair the child’s physical health or emotional development.” Generally speaking, an emergency custody order is appropriate when one of the following situations exists:

• The child is in imminent danger from abuse or neglect.

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The conservatorship of children is often a contentious matter in a family law or divorce case. Parents and other parties typically have strong beliefs about what is best for the children, and they are willing to fight for their interests in court. Whether you are a parent, grandparent, or another interested party, it is important to be prepared before appearing at a child custody hearing in Texas.

Know Your Evidence and How to Use it

Prior to the hearing, it is important to gather evidence that supports your version of events. You should also be aware of any evidence that could hurt your case. This includes any past criminal activity, substance abuse issues, or other relevant information. Your lawyer can help you gather evidence to support your claims.

It is best to arrive at the hearing early and organized. Bring copies of all relevant documents that may be used as evidence, such as medical records, letters, emails, journals, reports, and any other material related to the hearing. 

Whether you are an unmarried parent or a married parent considering a divorce, child custody arrangements may be at the top of your mind. It can be difficult to find a parenting plan that works for both parents - especially if one parent is less than cooperative.

Your parenting plan will contain crucial information about the allocation of parenting time and decision-making authority. As you develop your parenting plan, make sure you do not overlook the following key issues.

Parenting Time Schedules on Holidays and Special Events

When you and your co-parent decide on the parenting plan, make sure to put agreements in writing regarding holidays and special events. This is an issue that frequently causes disagreements among co-parents and extended relatives. For example, if a father typically gets the children Sunday through Thursday, does this mean that he always has the children for Easter since Easter is always on a Sunday? It may be best to create a separate parenting time plan for these special days. For example, you may decide to alternate who has physical custody of the children on holidays, birthdays, and other special occasions.

If you are a single parent, you know just how difficult it can be to make ends meet. Child-related expenses like medical bills, daycare costs, and education can really add up. This is why the state of Texas often requires parents to provide child support to the other parent.

If you are carrying the costs of raising your child all on your own, you may be tempted to work out an informal child support arrangement with your child's other parent. For example, you may ask the other parent to give you $200 from each paycheck or to help contribute to the child's medical costs.

However, it is important to understand that informal arrangements can be unreliable and difficult to enforce if the other parent decides not to comply. It is highly recommended that those seeking child support have a formal and legally binding order in place.

Getting divorced is complicated, regardless of family circumstances. However, divorcing parents often deal with a wider range of legal issues than couples without children. If you are thinking about divorce and you share children with your spouse, you may have questions about your rights and responsibilities as a parent, such as: How is child custody decided in Texas? Which parent does the child live with? Who is responsible for making decisions regarding the child's health, education, and welfare?

Basics of Child Custody in Texas

Texas law uses somewhat unique language to describe child custody matters in a divorce. The Texas Family Code describes "conservatorship" as the right to make decisions about a child's welfare and his or her upbringing. It also discusses the rights of "possession and access,” which refers to the amount of time a parent will spend with the child.

A sole managing conservator has sole authority to make major decisions about a child's welfare, such as healthcare and educational needs. A joint managing conservator typically has joint decision-making authority with the other parent. Where joint managing conservatorship is granted, one of the parents will have primary possession and access to the child and be considered the "primary conservator.” Usually, this is the parent with whom the child will primarily reside.