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How does Texas handle child custody during divorce?

On Behalf of | Mar 25, 2022 | Child Custody

Few things raise the stakes of divorce quite like child custody. For most couples, divvying up the care of children may lead to stress and strife.

Texas law gives options for child custody and timesharing. Before letting things get too heated, it may help to look at how a judge may view child custody during divorce.

What is a conservator?

The law talks about conservatorship concerning child custody. It is a term that points to the guardian who has authority over a child. The most common way that family court judges handle custody is by giving both parents joint managing conservatorship. It allows both to have the legal right to make decisions for the children while in their care. However, in some instances, one parent may get the designation as the primary managing conservator, meaning he or she makes the final decisions for the children.

What about visitation?

Visitation is separate from legal custody. Unless a judge believes a parent poses a danger to the children, some legal visitation schedule will become part of the custody agreement. Both parents may have joint conservatorship but not have equal parenting time. The factors that go into calculating who the children will spend time with falls squarely on what the parents can manage with their schedules.

What will a court use to decide?

Divorcing parents should make every effort to agree on child custody and visitation matters. However, if it is not possible, a judge may choose for them. The judge always considers what is in the children’s best interests when deciding who gets custody. This may not jive with what parents thought would happen. Parents should work together to compromise rather than leave their fate to a third party.

Getting assistance for child custody matters may help a couple continue forward without going before a judge.

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