CHILD CUSTODY IN TEXAS - FAQ'S

Child custody is a primary point of contention in many divorces and it's important to know the facts about child custody in Texas. As an expert in Family Law, Bob Leonard has vast experience with child custody cases in Texas.

Do I Have Joint or Sole Custody?  What Does that Mean?

Joint Custody = Joint custody means both parents share in all aspects of a child's upbringing. Parents share rights and duties with respect to the children. Both parents make medical decisions, sign medical release forms, have access to the child's medical records, and may also be apprised of all aspects of the child's education. Typically, one parent will have the right to designate the residence of the child; this person is referred to as the “primary” parent.

Often Texas law expresses a preference for parents to share as equally as practically possible in the custody of a child in a divorce case. In Texas, our courts presume that it is in the best interest of the child for the parents to be given joint managing conservatorship. To determine the appropriate conservatorship of the child the court will use the "best interests of the child" standard.

What is Conservatorship?

Conservatorship is the word Texas uses for what we think of as custody.  Conservatorship is a legal status to which a court appoints a person to manage the financial and personal affairs of a minor or incapacitated person.

When we say joint or sole conservatorship, that means joint or sole custody.

Are Custody, Conservatorship and Possession the Same?

No.  Custody and conservatorship are often used interchangeably in conversation, but possession is a different thing.  Possession is the time allotted for each parent to spend with a child.  The list of the times each parents have allotted is outlined in what is called a possession schedule.

Sole Custody = One parent has the rights and duties with respect to the children.  This parent is responsible for decisions about medical, educational and other issues. If a parent is given sole custody in Texas, that means one partner is given the exclusive right to manage certain aspects of the child's life. Below is a list of rights that the “sole” parent is given.

Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights:

• the right to designate the primary residence of the child;
• the right to consent to medical, dental, and surgical treatment involving invasive procedures;
• the right to consent to psychiatric and psychological treatment;
• the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
• the right to make decisions concerning the child’s education
  

A possession schedule is usually a Standard Possession Schedule or an Expanded Standard Possession Schedule.  These schedules are located in the statute.  However, the parents can agree on something that works better and create their own schedule.  In addition, the court may choose to impose a schedule it deems in the best interest of the child.

Co-Parenting and Custody

Most custody orders include language allowing some leeway for the parents by inserting a sentence that states, “or as the parties agree.”  Texas judges encourage parents to work with and accommodate one another as much as possible.

Because of this, the courts tend to view those who attempt to co-parent favorably.  If one party is trying to cooperate and the other party is difficult, believe me, the judges will notice.  If the parties cannot agree, the default is to follow the schedule in the order.

Time with your child is important. We are here to help you create a manageable child custody schedule. 

Changing Custody

If your current order is not working well, there are some options for making changes.  But, there are specific requirements for modifying (changing) an existing order.  Until an order is actually modified, it is very important to follow it.  This means that you exercise your possession and allow the other party to exercise possession.  This also means that if you are supposed to consult the other party on decisions, that you consult the other party on decisions.

Enforcement and Contempt

All too often, we have folks come into our office when they are in violation of their current order and subject to enforcement.  Or there has already been an enforcement filed.  Court orders are court orders and are meant to be followed.  You may not know this, but some orders are not only enforceable, but you could be subject to contempt and jail time if you do not comply.

Don’t take matters into your own hands.

Don’t violate your orders. 

If your orders aren’t working for we will let you know your options.

If the other party is not complying with the order, we will let you know your options.

Call our office today to get more information on your child custody issues.  You need a family law expert on your side.