Texas Laws Address Child Custody In Unusual Way
Divorce is a tough situation for any family to go through. In Texas, child custody laws are a little bit different than in some other areas of the country. Rather than simply having joint custody, joint/shared physical custody or sole custody of a child, there are various "conservatorships" that parents are faced. These conservatorships aren't very far from the standard forms of child custody, but there are some marked differences that those about to enter into to divorce and custody proceedings should know about. The three general forms of conservatorship can be a bit confusing and are in some ways laced with gender bias, but they can be made to work for families about to be split up by divorce.
Texas child custody laws sets up three forms of conservatorship:
- Sole managing conservatorship - This form of custody gives all the rights of caring for a child's welfare, medical, educational and religious needs to the custodial parent with whom the child lives. This is similar to sole custody.
- Sole possessory conservatorship - This is basically the same as being a non-custodial parent. The sole possessory conservator only has rights that are extended during a visitation period or temporary custody. They generally have little to no rights as far as medical, educational and religious needs are concerned. They do however tend to the child's welfare while he or she is with them.
- Joint managing conservatorship - This form of custody may seem like normal joint custody, but it isn't quite the same. In joint managing conservatorship, the parents may share the rights to decisions regarding a child's welfare, educational, medical and religious needs, but not necessarily equally. Depending on the court's decision, the rights may be shared equally or given to a single parent. The same thing goes for the determination of a child's permanent place of residence also known as "primary possession".
Texas Child Custody Laws Confusing But Manageable
The best way to get through all of the confusing aspects of Texas child custody laws is with the help of an attorney or mediator. Their knowledge can help to more easily guide you through the process of gaining custody of your children and the rights you desire. It's best to avoid a courtroom battle so mediation to come to an agreement is preferred. All agreements of custody must be approved by a court during the divorce finalization but hopefully, things will all work out for you, your divorcing spouse and your children.
Child Custody Articles
- Unmarried Couples Often Struggle With Custody Issues
- Pennsylvania Judges Decides Custody Of Your Child
- Gender Bias For Fathers Seeking Custody Of Children
- Making Schedules For Visitation During Custody Cases