Going through a divorce or separation when you have children can be incredibly heartbreaking. The legal and financial aspects are hard enough, but when you have to come to terms with the fact that you’ll have to share time with your children with your co-parent, it can all be overwhelming. 

It’s important for you to know, though, that there are laws in place to protect your parental rights and ensure you’re able to maintain a meaningful relationship with your kids. You should also have peace of mind knowing that the Texas family courts always prioritize the best interests of children and strive to secure their safety and stability at every turn. 

However, it’s worth noting that we have some of the most complex custody laws in the U.S. – in fact, we don’t even call it “custody.” So, if you’re a parent going through a divorce or separation, there is a lot of crucial information you need to know to be able to make the best decisions for the wellbeing of your family both now and in the future. 

In this blog, we’ll provide the necessary knowledge and insights that can make all the difference in your custody case, ensuring you’re able to move forward with confidence. 

Texas Child Custody Basics

Here in Texas, the legal word for custody is “conservatorship.” Both of these words describe the relationship between a parent and a child when there is a court order. You, the parent or person with court-ordered custody, are a “conservator.”

There are two basic components to conservatorship: managing conservatorship and possessory conservatorship, which can be described as follows:

• Managing Conservatorship – refers to the parent who makes the decisions that affect the child’s upbringing, like where they go to school, what medical care they receive, what religious practices they are exposed to, and more.
• Possessory Conservatorship – refers to the parent who does not have primary managing conservatorship, but still has rights to possession and access to the child.

Texas law prioritizes the best interests of the child, which they typically believe to be joint conservatorship in most situations. However, if there is a substantial doubt about whether joint custody is what’s best for the kids’ safety or stability (such as if there is a history of violence or abuse, a history of substance dependency, etc.), then sole conservatorship is a much more likely outcome. Possessory conservators still have parental rights but won’t have the final say in most major decisions that impact the child’s daily life.

Thus, there are 3 different types of conservators: 

• Joint managing conservator
• Sole managing conservator
• Possessory conservator

In a joint managing conservatorship, the parents share decision-making authority, but it is still common for one parent to have the exclusive right to decide where the child lives; this parent is called the “custodial parent,” and is the parent the child lives with most of the time. A court order called a possession order will dictate when each parent has a right to time with the child. Again, even in a joint conservatorship, both parents will not necessarily have an equal 50/50 split of time with the child. 

If a parent is not legally permitted to have possession of the child (seeing and having time with the child in person), then they may still have “access” to the child. This means being legally permitted to communicate with the child (through means such as phone calls, text messages, video calls, or social media), attend their extra curricular activities, and have access to school, medical, and dental records. 

How Is Custody Determined? 

In Texas and the rest of the U.S., the “best interests of the child” standard is what’s used to determine what custody should look like in cases of divorced or separated parents. This standard is meant to protect the mental, emotional, and physical wellbeing of children, and it applies no matter whether the parents reach their own custody agreement or the court decides. 

There isn’t a cut-and-dried definition of this concept, but it can be characterized by all of the factors that the court considers when they determine who’s best fit to care for the children, and who’s most capable of meeting their needs, which include:

• Each parent’s parental fitness
• Which parent has been the child’s primary caretaker
• Each parent’s history of crime, violence or substance abuse
• Each parent’s relationship with the child
• The child’s age
• Which parent can ensure stability in the child’s life
• The child’s physical and mental health needs
• The child’s preference (depending on their age and level of maturity)
• Any suspected child abuse, neglect or abandonment 
• And more. 

Finalizing Custody Agreements

Parents have the ability to work together to reach their own custody agreement outside of court, through means such as collaborative divorce, mediation or negotiation. This allows them to maintain agency over the lives and futures of their children, as well as create a plan customized to their family’s unique needs. 

Judges usually approve custom custody agreements created by parents as long as they meet the best interests standard, at which time they become legally-enforceable court orders. Some other factors that might be addressed in the custody arrangement include:

• How the kids will communicate with each parent while the other has possession
• How parents will communicate with each other
• How exchanges of the kids will take place
• How holidays will be shared or allocated
• What the custody schedule will look like in the summer 
• Child support arrangements
• Guidelines for introducing the kids to new romantic partners
• And more. 

What Happens When Parents Can’t Reach An Agreement?

If parents can’t reach an agreement outside of court, then a judge must be the one to decide on the custody arrangements. In cases where the child is older than 3, Texas family courts typically institute what’s known as a Standard Possession Order (SPO), which is essentially the “default” custody arrangement. SPOs will vary depending on how far apart the parents live from one another.

• To view the SPO when parents live 50 miles apart of less, click here
• To view the SPO when parents live 51 to 100 miles apart, click here
• To view the SPO when parents live 100 miles apart of more, click here 

Because Standard Possession Orders are…well, standard, many parents work hard to create a custom possession order. However, in some cases there is simply too much conflict or even a safety threat which prevents two parents from collaborating and achieving this outcome.

Custody Disputes Are Never Easy, But It’s Possible To Navigate Them With Integrity. Let De Ford Law Firm Help!

No matter how much or how little conflict exists between you and your co-parent, custody cases are emotionally, legally, and logistically taxing. You may find it nearly impossible to cope with the fact that your kids will be transitioning from being in your care full-time, to now being away from you for a significant period. We understand what you’re going through, and we’re here to help you through this challenging time. 

Our dedicated Texas custody lawyers have 50+ years of collective experience and are committed to finding the best path forward for your family. We will help you and your co-parent work together and create a constructive agreement if it’s possible, or we will aggressively defend your parental rights in court if it’s necessary. 

You can have peace of mind with us in your corner. Call today to book your free case evaluation and learn more about your next steps!