Texas courts look to “the best interest of the child,” when determining matters of child custody. Regardless of whether the parties are located in Round Rock, Georgetown, Williamson County, or somewhere else in Texas, the court will make its decision based on what order will be in the child’s best interest.
While the court reviews and eventually makes an order in most child custody cases, generally the parties reach agreements as to child custody, possession, access and visitation. If possible, everyone involved is better off when agreements are reached and the parents can effectively co-parent with each other.
Child Custody disagreements are extremely traumatizing and emotional. The best interest of the child does not mean “best parent.” A lot of factors are used to determine the best interest of the child. The issue will not be resolved by which parent is the better person, who caused the break up in the relationship, or even who is the better parent. The issue is resolved by focusing on creating the best possible future for the child.
The legal terminology used in the Texas Family Code can be confusing. The term child custody, in fact, is not used in the Texas Family Code. Often, when people come into our Georgetown Office, they reference full custody or child custody. However, the Texas family code breaks the child custody issue down into many different areas.
Child Custody Conservatorship Explained
One issue that the Texas Family Code defines is “conservatorship.” However, conservatorship does not mean child custody. The issue of conservatorship refers to rights and duties of the parents in relationship to the children. In other words, conservatorship outlines the rights and duties each parent will owe to the child. The presumption in Texas is that the parents should share parental rights and duties. Shared rights and duties is referred to a “joint managing conservatorship” in the Texas Family Code. This does not mean the parents will have equal or even near equal possession, access and visitation with the children.
The Possession Schedule: Shared Time
When parties get divorced, or otherwise end their relationship, they tend to believe that, as parents, they will share time with their children equally. However, equal time with the children is not always in the best interest of the children. If the parties are living down the street from each other, or within a short distance from each other, then equal possession of the children may be possible. However, that does not always mean that it is in the best interest of the children. The courts generally see stability as an important issue — especially during the school week — among other factors, when determining the possession, access and visitation schedule that are best for the children.
No matter what possession schedule is ultimately used, the court will generally use one parent’s home as the primary residence of the child. If the parties reach an agreement regarding child custody, they should include a designation of the child’s primary residence.
Sole Managing Conservator or ‘Sole Custody’
While joint managing conservatorship is presumed to be in the best interest of the child, upon a showing of good cause, one party may be designated as the sole managing conservator. If the court determines that one parent should be designated as the sole managing conservator of the children, then the parties will no longer share rights and duties as to the children.
The Texas Family Code provides the same rights to a sole managing conservator as it does to a joint managing conservator. However, a sole managing conservator will have additional rights, and the possessory conservator may have limited rights and duties. The issues of possession, access and visitation is a separate issue than conservatorship.
Do you have questions about child custody?
Call our Williamson County Law Office at 512-843-1144.
Morgan and Swayze Attorneys at Law represent parties for child custody matters in Williamson County, including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin. The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.