Sole Custody and Basketball

November 8, 2016

basketball

In 2011, Dwyane Wade was awarded sole custody of his two sons from his ex-wife. It was a long battle, especially since they had been separated since 2007. Despite the claims made by his ex-wife about him abusing his children, Dwyane was granted sole custody and still wants his sons to have a relationship with their mom. Sometimes it is in the best interest of the child(ren) that one parent has sole custody of the child(ren).

What is Sole Custody (Sole Managing Conservatorship)?

In Texas, Sole Managing Conservatorship (SMC), sometimes referred to as sole custody, means the court grants only one parent the legal right to make certain decisions concerning the child. In order for the court to grant SMC the person requesting SMC must overcome the presumption of joint managing conservatorship being in the best interest of the child by showing one of the following: (1) the other parent has a history of family violence, neglect; (2) the other parent has a history of drugs, alcohol or other criminal activity; (3) the other parent has been absent from the child’s life; or (4) the appointment would significantly impair the child’s physical health or emotional development.

What are the some of the rights a sole managing conservator can get?

Sole Managing Conservatorship gives that parent certain rights such as:

  • Deciding the primary residence of the child;
  • Consenting to medical and dental treatment;
  • Consenting to psychiatric and psychological treatment;
  • Being designated on the child’s records as a person to be contacted in the event of an emergency;
  • The right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
  • The right to consent to marriage and to enlistment in the armed forces of the United States;
  • The right to attend school activities;
  • The right to the services and earnings of the child;
  • Receiving child support; and
  • Making decisions concerning the child’s education.

If the other parent gets sole managing conservatorship, can you still get visitations?

If one parent is awarded sole custody or sole managing conservatorship, the other parent may still be entitled to visitations and the courts will generally allow some visitations. In Dwayne’s case, his ex-wife was still allowed visitations. The visitations can be supervised or unsupervised depending on the facts of the case and whether the court believes the safety of the child would be at risk unless visitations are supervised.

A.T. Law Office

If you have any questions regarding obtaining sole managing conservatorship or sole custody of your child in Spring, TX, North Houston, Woodlands, Klein, Tomball, Cypress, FM 1960, Galveston, and surrounding areas, call the A.T. Law Firm for a free consultation. We also travel to different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County. Contact the A.T. Law Office to set up a free consultation.