In Texas, custody laws can be confusing, so it’s important that divorcing couples fully understand them along with how custody is determined within the state.
Child custody legal services can guide parents on the concept of conservatorship in Texas, how it applies, and what it means for co-parenting their child.
Conservatorship and Custody In Texas
Texas custody law includes the concept of conservatorship as opposed to more conventional custody as most other states refer to it.
Conservatorship is awarded either primarily as with sole custody or jointly as with joint custody.
The difference with conservatorship as opposed to typical child custody agreements s that Texas family law breaks it down into a number of categories that dictate possession and access as well as decision-making and overall management, each of which can be decided separately regardless of who has primary possession.
Joint Managing Conservatorship Is Ideal
While Texas family law does give the option to award sole conservatorship and management when it’s deemed necessary, the court favors joint managing conservatorship or JMC where both parents contribute to the raising and support of the child in accordance to the custody agreement.
Child custody lawyers generally work toward this preferable decision with their clients unless there are obvious reasons why joint conservatorship and/or possession should be reconsidered.
Custody Factors Consideration in Texas
When deciding on child custody in Texas, the family court will make a decision on possession and access, then conservatorship for all other legal rights.
The parent with primary possession is the one the child will live with most of the time, with the other parent having access or visitation as determined in the child custody agreement.
Ultimately, the goal of the court is to decide on what is in the best interest of the child.
A number of factors go into deciding which parent will have primary possession and how conservatorship will be split among the parents including:
- Financial stability and income.
- Availability and ability to provide a stable home environment.
- Physical and mental health of each parent.
- Past criminal record, any history of drug use, or others.
- Other factors that may affect a parent’s ability to make sound decisions or appropriately provide for their child
Work Toward A Joint Custody Agreement
If you and your spouse have decided to divorce and have children, it’s preferable to work with child custody legal services that can help you come to a favorable agreement on care, custody, and co-parenting after the fact.
The family court will look at both your personal situations and approve a child custody agreement that is in the best interest of your children.
An experienced custody lawyer can help you negotiate with your spouse to come up with an agreement that will satisfy the court and make sure that everyone gets the consideration necessary for amicable co-parenting needed to raise happy, healthy children!