What are my legal righst for getting custody/visitation?

UPDATED: Nov 12, 2010

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What are my legal righst for getting custody/visitation?

I want to leaving and get a divorce but I have 2 small children involved. What are my rights?

Asked on November 12, 2010 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your circumstances.  Texas determines custody and visitation by a standard known as the best interests of the child.  This is a very broad standard and it gives a Judge a lot of leeway to determine a custody and visitation schedule that is unique to the set of circumstances in the case before the court.  A judge looks at various factors such as the child's needs, the parents ability to care for the child, and if the child is old enough, their preference as well.  Texas uses terms such as "possessory conservatorship" and "managing conservatorship" as well in custody matter.  These are the rights and duties of the parents in the custody matter.  Managing has more rights than possessory.  Just because you are leaving the marriage that does not mean that you are leaving your children.  You need to keep in constant contact with them and to see them as often as you can.  You need to show the court that you are still as active and involved in their life.  And get legal help. Good luck.

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