Child Custody
Child custody, or “conservatorship,” is often the most important and difficult issue to resolve during a divorce. While both parents want what’s best for their children, they sometimes disagree on what that is.
Most divorcing or unmarried parents in Texas are named “joint managing conservators” of their children at the end of the legal process. Specific—and often joint—rights of parents are then determined based on the family’s situation. They may include determining your child's primary residence, and/or who will make educational and medical decisions for them.
Many of today’s parents want to divide parenting time more equally than in the past, or in ways that differ from the traditional weekend-centered schedule. And the Texas Family Code has been amended accordingly. Talk to us at Cleaves Family Law about the state’s detailed “Standard Possession Schedule” regarding custody arrangements, and how that Schedule can be modified based on your situation and wishes for your children.
How much flexibility do we have in making child custody arrangements?
Quite a bit, actually. The Texas Family Code sets forth a detailed Standard Possession Schedule. For parents who live less than 100 miles from each other, the parent who does not provide the children’s primary residence has the right to spend the first, third and fifth weekends of the month with the children. That parent also has the right to spend one mid-week evening with the children during the school year, and has extended time with the children during the summer months. Holidays are divided and alternated each year.
All that said, however, more and more parents are discovering that this Schedule simply doesn’t work for their family. So they are choosing other options for their children, including alternating weeks and other variations that allow both parents to participate in the lives of the children on the weekends and during the school week.
Can I move to another state with my children?
Texas law protects the relationship a child has with both parents. If a parent and child live far apart from one another, it obviously reduces the opportunities that a child can spend with that parent. When a family law case has been filed in Collin, Dallas or Denton counties, those courts impose an immediate injunction against either parent removing the children from the state, even without the written agreement of both parents or a court order. Also, in most family law cases involving children, the courts impose limits on where the children live, to help them maintain a close relationship with both their parents.