If you have a minor child and are contemplating divorce in Texas, you would need to address the matter of child custody. Texas allows for no-fault divorces, which means you and your spouse can decide to end the marriage as necessary, but to get an uncontested divorce, all issues, including child support and child custody, must be resolved. Each divorce has unique circumstances, and you can click here to learn more about the best ways to protect your children and your rights. In Texas, the term “conservatorship” is used for matters concerning child custody. The conservator has the right to make certain important decisions. Here are some fundamental aspects worth knowing.
Types of child custody
Courts usually encourage couples (separating spouses) to consider a joint conservatorship so that the child enjoys time with both. However, sole conservatorships are not rare. The managing conservator has the right to make decisions for the child, including medical care, education, travel, and other activities. The conservator can also consent to emergency medical care as needed and has the right to access all relevant information related to the child. They are also allowed to be involved in matters related to the child’s school. When the parents are joint managing conservators, they may have equal rights in all the aspects listed above.
Protecting the child’s interest
As in most states, courts in Texas consider the best interests of the child for deciding about child custody. The only difference is there is no one statute as in other states. The courts here follow the outcome of the Holley v. Adams case, which an attorney can describe to you in detail.
Other pointers
The child custody order will not just mention details related to the conservatorship but will also outline other things like parenting time, visitation rights for both parents, and parenting time. Typically, a minor child lives with one parent, even when it is a joint conservatorship. The other parent will get visitation rights, and because they are the nonprimary parent, they usually need to pay for child support. If you don’t understand the Texas Child Support Guidelines
Consider mediation when necessary
You can consider mediation an option when resolving issues with your spouse, including child custody. There are several ways to avoid a situation where the court decides things for your child. Get an experienced family lawyer soon if you think child custody is likely to be a major issue in the divorce.
