As you may or may not know, the law varies depending on which state of the country you are in. Whether it is business law, personal injury law or family law, each state has different rules and perceptions of how the law should be interpreted. When a particular legal matter becomes very important to you, such as family law during a divorce, it helps to know what your particular state’s laws on the matter are.
Texas law refers to custodial parents as conservators. What many people call joint custody is technically a Joint Managing Conservatorship in Texas, and unless there is a significant reason not to, most courts in Texas will name divorcing parents as Joint Managing Conservators of their children. It is important to note that having a Joint Managing Conservatorship does not necessarily mean that parents have equal time with their children, but both parents do have the right to make decisions regarding the child’s education, religion and other such issues.
A Standard Possession Order usually determines the time schedule regarding parents’ physical custody. These orders usually grant noncustodial parents possession of the child on alternating weekends of the month (usually first, third and fifth), as well as a few hours on Thursday nights. The Order also determines where possession will be exchanged between parents and where the child spends holidays. However, it is important to remember that nothing is certain, and the courts may always change Orders to fit what is best for the child.
If you are going through a divorce in Texas, and you are concerned about the custody of your child, consider meeting with an attorney. Custody of your child is not something that should be taken lightly, and enlisting the aid of an attorney could be the key to determining that you get the custody arrangement you deserve.