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Who Gets Custody of the Children?

Who Gets Custody of the Children?

  • May 5th, 2015
  • Cheryl McGirr
  • Comments Off on Who Gets Custody of the Children?

Often times, clients will come in and want to talk about custody.  Well, in Texas we call it conservatorship, and for the lay person, it means basically the same thing.  The issues below are all part of the conservatorship issues the court will address.

A Texas order relating to children is generally going to specifically answer the following four questions:

  1. Who decides where the children live and will that right be limited to a specific geographic area?
  2. What will the possession schedule be? Or who is going to have the child when? – we all hate the term – children are not a possession.  But until we come up with something equally descriptive that is more palatable, this is what we call it.
  3. When it comes to the expense of raising a child to adulthood, who is paying for what to whom, how and when?;
  4. Who makes the decisions? Will parents have to agree on certain important decisions, or will one parent have the right to make a decision – also known as the Rights and Duties of each Conservator

It is important to note – with few exceptions, most judges will approve of anything the parents can agree to on any of these areas.  So, if possible, know what you want and what the other parent wants and any areas on which you can agree.



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Photo: “Jeremiah Slack” by Joey McGirr