Texas Child Custody

Posted by admin on April 27th, 2006

In Texas, child custody is not even called child custody they have their own terminology which is several different categories that they call “conservatorship”.

The three major types of conservatorship include:
Sole managing conservatorship is when normally the mother would be awarded custody of the minor children in a custody case. This entitles the custodial parent to manage all of the affairs of the children which include the selection of the children’s school, medical care providers, moral training, religious training, and where the child will live. This type of custody gives the parent ultimate control over the child.
Sole Possessory Conservatorship is normally what would be given to the father or the parent that has the children for the weekend. This will give the parent only some control over the affairs of their children. The major right that this type of custody gives to the parent is the right to visitation. With this type of custody none of the decisions made by the sole managing conservatorship can be changed.
Joint Managing Conservatorship is when both parents share the responsibilities and the continued relationship in their children’s lives. In Texas, this is considered to be the most appropriate and in the best interest of the children. Both parents together will decide on the affairs of their children and agree on such items as religious training, physician, counseling, and any other factors that may arise.

Even in cases of Joint Managing Conservatorship, the court will still need to award the primary possession. This is where the children will physically live. The court usually decides an exact area in which the children must live to continue to establish a relationship with both parents; normally they will limit any type of move within a county or even a certain school district. The idea is to maintain a certain amount of stability within the children’s lives.

Parent’s wishes to have Joint Managing Conservatorship can submit an agreement to the court with their best wishes for the care, custody, and where the children will physically live. The judge will read the agreement and may ask for a social study which a neutral person will make a home visit and evaluate the home environment and then submit their report to the court. The court will need to decide which parent should be able to provide a safe and stable environment for the children by all evidence that has been presented to the court.

The court may also order both parents into divorce counseling or some other type of classes if the judge believes that it would be beneficial for the children.

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