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Under the Family Code “conservatorship” or “custody” means the right a parent has to make certain decisions relating to their child. The Court or the parties by agreement will include the right to determine where the child lives, the right to determine where the child goes to school and to make other educational decisions for the child, the right to consent to certain medical procedures, and other specific rights, as set out in the Texas Family Code.
When a child is placed outside the home by child protective services, custody is transferred from the parent to a State agency like the Texas Department of Family and Protective Services (DFPS) under the jurisdiction of a State court. State laws require the development of a case plan outlining services that must be provided to the family to address the problems that led to the child’s placement. Laws also address requirements for periodic case reviews, grounds for termination of parental rights, and other placement issues.
Divorce Decree Modifications
Generally, a person can request a modification of an order if there has been a significant change in the circumstances of the parties or of the child. In Texas, any individual that is affected an existing order may request to modify a prior custody, child support or visitation ruling by filing a petition in the court that previously entered the order concerning the children.
Under certain circumstances, Texas law does allow a grandparent to file a petition for visitation rights with a grandchild. A grandparent must overcome the presumption that the parent is acting in the best interest of the child and that denial of visitation with the grandchild would significantly impair the grandchild’s physical health and emotional well-being.
Adoption is a process whereby a person assumes the of another, usually a child, from that person’s biological or legal parent or parents. Legal adoptions permanently transfer all and responsibilities, along with, from the biological parents to the adoptive parents.