What Are the Different Kinds of Child Custody in Texas?

 Posted on July 29, 2024 in Child custody

When parents decide to separate or divorce in Texas, they have to make several determinations about their minor children. This is also true for unmarried parents, assuming legal paternity has been established. Among other things, your parenting plan outlines various kinds of child custody arrangements.

You must submit a parenting plan to the courts for approval. With the assistance of a Board Certified Tarrant County, TX family law attorney from Daniel R. Bacalis, P.C., you can create a parenting plan and conservatorship that protects your child’s best interests.

Types of Conservatorships in Texas

It is important to understand the rights and obligations associated with each type of conservatorship, commonly known as child custody.

Legal Custody/Managing Conservatorship

While children are minors, their parents must make various decisions about their upbringing. Managing conservatorship gives a parent decision-making rights for important choices, such as education, religion, healthcare, and extracurricular activities.

Physical Custody/Possessory Conservatorship

Children of divorce often spend significant time with each parent. This physical custody of the child refers to providing supervision and daily care while the child is with a parent. Possessory conservatorship refers to the parent who has possession of the child.

Joint Custody

In most cases, parents will be joint managing conservators. They each have an equal right to make major decisions for their children.

Sole Custody

A sole managing conservatorship may be the better option if one parent historically played a minimal part in making decisions for their children. Even if one parent has sole legal custody, both parents often share possessory conservatorship rights.

In certain circumstances, the courts may grant one parent both sole legal and physical custody. In these cases, the other parent might still have restricted access (visitation) time with their children.

How Can You Decide the Best Possession Schedule?

There are several commonly used custody schedules that designate how many consecutive nights the child will spend with each parent. Children may spend most of the week with one parent, staying with the other on weekends. Some schedules have children moving between their parents' homes more frequently.

No "best" schedule fits every family. You need to consider several factors that are unique to your children, you, and your situation. These factors include:

• Your child’s age

• Work schedules

• Social and extracurricular activities

• The stability in each home

Texas law allows courts to consider a child’s wishes regarding custody when the child is 12 or older, but the child’s choice is not always granted. Courts want children to maintain a healthy relationship with both parents and will make decisions based on the best interests of the child.

Schedule Your Free Consultation With a Board-Certified Hurst, TX Family Law Attorney

For almost 40 years, Attorney Daniel Bacalis has helped Texans with a variety of family law matters, earning a family law specialist certification for his experience, knowledge, and skills that provide high-quality legal representation to his clients. Call 817-498-4105 to request a free consultation with Tarrant County, TX family law lawyer Daniel R. Bacalis, P.C.