Attorney Sheri Bryce Dye Has Mediated And Tried Hundreds Of Conservatorship Cases
When you need a lawyer’s help to obtain conservatorship of a child, trust Sheri’s 20-plus years of experience. Sheri spent 14 years as an assistant district attorney in San Antonio. She has successfully mediated over 350 conservatorship cases and tried more than twice that amount. With years of experience in the child abuse division, she has an insider understanding of how the court assesses conservatorships. This experience gives her the knowledge to build a strategy that maximizes the likelihood of getting the results you desire.
Does your case involve child protective services? Sheri has spent years working with CPS. She can fight for you if this agency has intervened with your children.
How Texas Courts Determine Conservatorship
Texas courts prioritize the kids’ best interests when it comes to conservatorships. It is important to understand the various factors that influence the court’s decision. Here is a list of key considerations:
- Parental abilities: The court evaluates each parent’s ability to care for the child. This includes financial, emotional and physical support, as well as meeting educational and medical needs.
- Child’s needs: The child’s emotional, physical and psychological needs are crucial. The court considers which parent is better equipped to meet these needs consistently.
- Stability of the home: A stable home environment is vital for a child’s well-being. Courts look at the living conditions each parent can provide, including safety and stability.
- Parental cooperation: Courts prefer parents who encourage and facilitate a healthy relationship between the child and the other parent. Cooperation and communication between parents are essential.
- Child’s preference: Depending on the child’s age and maturity, the court may consider their preference. While not decisive, it can influence the decision.
- History of family violence: Any history of domestic violence or abuse is a critical factor. The safety of the child is paramount in determining conservatorship.
Understanding these factors can help you prepare for a conservatorship case. Attorney Sheri Bryce Dye understands the intricacies of these considerations and can help you advocate for your children’s needs, interests and desires in these matters.
Understanding Conservatorship In Texas
In Texas’ family court system, conservatorship refers to the physical and legal care of children. Some people also refer to this as child custody. If you and your former partner have children, you will have to determine conservatorship. In Texas, there are three types of conservators:
- Joint managing conservators are parents who share decision-making abilities about a child’s care. This does not necessarily mean that the child spends half their time with each parent.
- Sole managing conservators have the right to decide the child’s permanent residence, give medical or legal consent, and make decisions about the child’s education.
- Possessory conservators do not have as many parental rights as sole managing conservators, though they may still have the right to access and possession.
The court system assumes that joint managing conservatorship is in a child’s best interests. But if there are issues like domestic violence or substance abuse, the court may grant one parent sole managing conservatorship.
What Rights Does A Conservatorship Grant?
A conservatorship grants a conservator specific rights and responsibilities to care for and make decisions on behalf of the child. These include making educational and medical decisions and managing the child’s financial affairs. Sheri Bryce Dye can help you understand the full scope of these rights, ensuring that you are well-prepared to fulfill your role as a conservator or fully understand what your spouse’s role as a conservator of your children means for you.
Navigating The Conservatorship Process
When you’re facing a conservatorship case in Texas, understanding the process can help you prepare for what lies ahead. The journey typically begins when one parent files a custody suit with the court. From there, you’ll go through several steps to determine the best arrangement for your child.
Here’s a general overview of what you can expect:
- Initial filing: One parent submits conservatorship paperwork to the court.
- Temporary orders hearing: A judge may set temporary custody arrangements.
- Mediation: You and the other parent try to reach an agreement with a neutral third party.
- Discovery: Both sides gather and exchange information relevant to the case.
- Custody evaluation: In some cases, a professional may assess your family situation.
- Trial: If you can’t reach an agreement, a judge will make the conservatorship decisions for you.
Remember, every case is unique. Your attorney can guide you through the specific steps of your conservatorship case and help you understand your rights and responsibilities. While the process may seem daunting, staying focused on your child’s well-being can help you make informed decisions every step of the way.
Factors That Determine Child Custody
Child custody decisions are among the most significant rulings a court can make, as they directly impact a child’s well-being and future. Texas courts carefully evaluate several factors to determine which arrangement best serves the child’s needs. The process can be complex and emotionally charged, but understanding what the court considers can help you prepare a strong case.
- Parental abilities: The court assesses each parent’s ability to provide for the child’s emotional, physical and financial needs.
- Child’s needs: The child’s well-being is the top priority, including stability, education, health care and emotional support.
- Home environment: Courts prefer a stable, safe and supportive home setting that fosters the child’s growth.
- Parental cooperation: A willingness to co-parent and encourage the child’s relationship with the other parent is viewed favorably.
- Child’s preference: If the child is mature enough, their opinion may be considered, though it is not the final deciding factor.
- History of abuse or neglect: Any history of domestic violence, neglect or substance abuse weighs heavily in determining custody arrangements.
Each case is unique, and the court carefully examines all relevant details before making a decision. Sheri can help present your case in the strongest possible light to protect your parental rights.
How Child Support Is Calculated
Child support in Texas is based on state guidelines that consider the financial resources of both parents and the needs of the child. The primary factors in determining child support include:
- Noncustodial parent’s income: The court calculates support based on a percentage of the parent’s net income.
- Number of children: The percentage of income dedicated to child support increases with the number of children being supported.
- Medical and educational expenses: The court may factor in health insurance costs, medical care and schooling needs.
- Additional child support obligations: If the paying parent has other children to support, this may affect the amount ordered.
The goal of child support is to provide for the child’s essential needs while maintaining fairness for both parents. If you need assistance with child support calculations or modifications, Sheri is ready to advocate for you.
You Deserve The Straightforward Truth
Sheri believes in providing realistic expectations of your case. Even if the conversation is difficult, she will be honest and frank. If some aspect of your lifestyle or behavior is not in the best interests of your child and could affect your case, she will tell you. She wants to educate you about the legal process and discuss your options so you can make the best decisions for your kids.
Helping Grandparents Secure Custody Of Their Grandchildren
In some situations, the best course of action is for a grandparent to assume temporary or permanent conservatorship rights of their grandchild. If you are interested in gaining custody of your grandchild, Sheri can explain your rights and your options. It is not always possible for a grandparent to assume legal responsibility for their grandchild. However, if it is in the child’s best interest, she will fight to help you secure conservatorship.
Have A Conservatorship Lawyer On Your Side
You and the child you love need a legal advocate. The Law Office of Sheri Bryce Dye is here to help you in every aspect of your conservatorship case. Contact the law office at 210-761-5241 to schedule a free consultation or reach the firm online. Se habla español.