What exactly does custody mean? Does joint custody mean that your child has to live with you equal amounts? In Fort Bend County, TX, the laws relating to children after separation and divorce are governed by the Texas Family Code. While you don’t need to be a custody lawyer to understand the principles of the law, one can be helpful in explaining how things work out practically speaking.
What Are the Differences Between Joint and Sole Custody?
In Texas we use the term “conservatorship” instead of “custody.” The idea of “conservatorship” emphasizes the legal caring responsibilities of a parent rather than the idea of control implied by the word “custody.” The term comes from the Texas Family Code, which was written to reflect a more neutral, child-focused approach. It aims to avoid emotionally charged terms such as “winning custody” and thereby reduce conflict between parents while highlighting their duties regarding their children’s care. In Texas there are two types of conservatorship.
Managing Conservatorship
This legal status refers to a parent’s rights and responsibilities regarding decisions about the child’s life, including their education, religion, health, and general welfare
Possessory Conservatorship
This legal status means that the person is officially a conservator. A possessory conservator typically has the right to spend time with the child but is not granted any decision-making power.
Possession and Access
This refers to the practical schedule of who spends time with the child and when. In other states, this is sometimes referred to as “parenting time” or “visitation.” While both managing and possessory conservators have the legal right to spend time with the child, it is possible to have possession and access without being a conservator. This is sometimes the case with grandparents or other relatives.
The court can choose to appoint one parent or both as managing conservators.
Joint Managing Conservatorship (JMC)
A joint managing conservatorship is the most common custody arrangement in Texas. In this setup, both parents share the rights and responsibilities of raising their child, although not necessarily equally. Courts generally prefer joint conservatorship because it allows the child to maintain a strong relationship with both parents. This arrangement is typically chosen when both parents are deemed capable of cooperating and acting in the child’s best interest.
In this arrangement, both parents have a role in major decisions concerning the child’s education, medical treatment, psychological care, and moral or religious training. You are expected to work together to make decisions for the good of your child or children. Some rights may be held jointly, while others may be assigned to one parent exclusively. For example, while both parents may be given the right to have an input over where their child goes to church, one parent might have sole authority over non-emergency medical care.
Not Necessarily Equal Time
Joint managing conservator is a legal status, not a schedule. Being granted a joint managing conservatorship does not mean that the possession time will be exactly 50/50. It is possible that one parent may have the child more often or be designated as the primary conservator (the one who decides the child’s primary residence). Usually the court will decide which parent has the exclusive right to determine the child’s primary residence, unless the parents agree otherwise.
Sole Managing Conservatorship (SMC)
A sole managing conservatorship is less common and usually awarded when one parent is deemed unfit. The court may grant sole managing conservatorship if the other parent has a history of family violence, child abuse or neglect, a drug or alcohol dependency, or has abandoned the child or failed to maintain a relationship. However, an SMC may also be granted in cases where one parent has demonstrated an inability or unwillingness to co-parent effectively.
Exclusive Rights
The sole managing conservator has the exclusive right to make most or all decisions about the child’s upbringing without needing the other parent’s input. This parent can determine the child’s primary residence, medical and psychological care, and schooling and manage legal documents such as passports and insurance.
Geographic Restrictions
Texas considers that your child has a legal right to a chance at a close and meaningful relationship with both their parents. For this reason, courts usually impose a geographic restriction on the child’s primary residence and how far away from the child’s primary residence the other parent can live. You may be required to live within a certain county or a certain number of miles unless the other parent agrees. This makes sure that a child is not deprived of regular contact with one of their parents unnecessarily.
In an SMC arrangement, such restrictions may be more flexible, particularly if the possessory conservator is uninvolved or considered to pose a danger to their children.
Modification of Conservatorship Orders
Custody arrangements in Texas are not set in stone. Either parent can petition the court to modify either a conservatorship or a possession and access. They must show that there has been a material and substantial change in circumstances and also that the modification of the order is in the best interest of the child.
It is also possible for a child to petition for a conservatorship order to be modified, as long as they are old enough. In Fort Bend County, that age is twelve years or older. The child’s input is just one factor that the court will take into question when deciding what is in their best interests; it is not binding.
Legal Process and Court Involvement
Custody issues are typically resolved during divorce or separation proceedings, but they can also arise between unmarried parents. If the parents agree on a parenting plan, the court will usually approve it as long as it serves the child’s best interests. If parents cannot agree, the court will decide conservatorship and possession and access based on the facts presented during a hearing or trial.
Guardian Ad Litem (GAL)
During contentious cases, Texas courts may also choose to appoint a guardian ad litem or an amicus attorney. A guardian ad litem exists to represent the child’s best interests during the conservatorship case. This involves finding out about the child’s situation and interviewing the child, their parents, and any others involved. They will then report their findings and recommendations to the court and, in some cases, will speak directly for the child.
Consult a Custody Lawyer in Fort Bend County, TX
No matter your situation and the type of conservatorship you are seeking, the best way to move forward is with legal advice on board. We can help make sure that your parental rights are protected and that your child’s best interests are made clear.
Whether you are in the middle of a divorce, considering a separation, or hoping to modify an existing order, we are ready and willing to throw ourselves into your case. Get the advice you need when you book a consultation with KGK Family Law PLLC at one of our locations in Stafford, TX, and Houston, TX.
