Under Texas law, “child custody” is best described as two distinct legal classifications: “conservatorship” and “possession and access.” These issues arise not only in divorce cases but also in cases involving unmarried parents.At the Jackson Law Firm in Texas, we are here to help you protect what matters most: your relationships with your children. Our Cedar Park child custody attorneys have gained a respected reputation throughout the area for tenaciously, intelligently and ethically defending our clients’ parental rights.
Conservatorship concerns the control and management of major decisions pertaining to children as well as, in some cases, where the children primarily reside. There are two principle schemes set up by the Texas Family Code:
Normal parents, parents who do not abuse their children, parents who do not neglect their children and parents who otherwise have no major parenting inadequacies are most often treated as joint managing conservators. Our definition of “normal parents” even includes those who may fundamentally disagree on parenting styles and strategies, so long as those styles are within the realm of reasonable parenting.
On the other hand, parents who abuse their children, neglect their children or have major parenting inadequacies most appropriately serve as possessory conservators with the other parent designated as a sole managing conservator (assuming that parent doesn’t have equally concerning problems of his or her own).
Under the joint managing conservatorship scheme, it is typical for parents to share major decision-making and management responsibilities, whereas in the sole managing conservatorship scheme, decision-making and management rest exclusively with one parent. In the course of an uncontested divorce, the parties have great discretion in specifying those areas of decision-making and management.
When decision-making and management are shared jointly, it is further categorized by the degree of control a parent has over the particular matter. For example, control over any decision is determined by whether a parent may act “independent” of the other parent, must obtain “joint agreement,” or possesses the “exclusive right” over that matter.
We will sit down with you and discuss each of your rights and duties so that you can make an informed decision in crafting your divorce decree.
The Standard Possession Order is codified in the Texas Family Code and is presumed to be in the best interest of the child, but it does not work for all families. At the Jackson Law Firm, we can take into account unique work schedules or other facts pertinent to your situation.
Our attorneys are experienced in negotiating and crafting creative solutions to conservatorship, possession and access, CPS cases and other “child custody” concerns. Whether you are seeking a divorce or you are unmarried with a child, contact us to discuss your legal options. Simply call (512) 528-1900, or send us an email.