Child Custody

In Texas, both parents will remain involved in their children’s lives following divorce. Texas, in its own fashion, does not use the term “custody” but “conservator-ship”.  But to ease understanding, we’ll just refer to it as custody.

Generally, one parent will have the right to determine the children’s primary residence, and the child will most likely spend the majority of the time with that parent. The other parent will usually be required to pay child support.

A multitude of factors are used when determining which parent and which household will become the primary residence. The parent who has been the primary caregiver for most of the children’s lives will have an advantage when determining who is to obtain primary residential custody.

The visitation schedule will usually be different if the parents live far apart. Parents can also negotiate a customized schedule to fit their jobs or their children’s needs.

In Texas, both parents will be named as joint managing conservators, meaning that they will share medical, educational and religious decisions concerning their child. Only in rare instances is one parent named sole managing conservator.  This usually occurs in cases where substance abuse, criminal activity or family violence is at issue.

Child custody can be modified if there is a significant change in the circumstances of the parents or children.