Every state has its own unique way to handle custody when married parents divorce or unmarried parents end their relationships. Sometimes, couples set their own custody terms by negotiating outside of court, but many couples need the help of a judge to split custody.
Each parent can request a share of parental responsibilities unless their involvement wouldn’t be in the best interests of the children. Your parenting time or the physical custody of your children is possession, while legal custody is conservatorship. Both forms of custody are important.
Too many parents focus their custody concerns solely on possession without understanding how important conservatorship truly is. Familiarizing yourself with how Texas handles legal custody in a divorce and help you push for the best outcome for your family.
Many times, the courts will make parents joint managing conservators
Shared custody is common in modern divorces, and parents don’t just have to split the time they spend with the children. They also have to share decision-making authority with one another, which means they have to agree on important decisions regarding their shared children.
If the judge appoints you both as joint managing conservators, you will have to work together on behalf of your children. If the two of you disagree about important decisions, you need to sit down and discuss those matters together until you find a solution that is good for your children.
Joint managing conservators may have to make decisions on issues like medical treatment, education, religious observances and even finances. In some cases, when spouses struggle to agree on matters, the courts can choose to split up the conservatorship. One parent could have the authority to make medical decisions, while the other one might get to make religious or educational decisions.
Sometimes, only one parent serves as conservator
In scenarios where one parent has a history of not acting responsibly or where there is so much discord between parents that cooperation is impossible, a judge may order sole conservatorship. They will award all decision-making authority to one parent, even if the other one has possession or parenting time.