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How Can I Get Child Custody in My Texas Divorce? 

 Posted on November 23, 2022 in Divorce

shutterstock_532483894-min.jpgEven after a romantic and intimate relationship between two parents has soured, those parents will often continue to stay together for the sake of the children. Fearing the consequences that a divorce could have on each parent’s relationship with the child, many adults will try to make things work even though they are both unhappy. 

Unfortunately, these situations are all too common and many people who are trying to stay together for the kids ultimately find that is no longer a workable solution. However, regardless of how well you and your spouse get along, with a solid understanding of Texas child custody laws you can create a parenting plan that allows you both to keep your children close and continue developing your lifelong relationship with them. 

Conservatorship, Access, and Possession

Although “custody” is the traditional term to describe a divorced couple’s legal relationship with their children, Texas law actually uses other terms to describe the specifics of custody orders. 

“Conservatorship” is the term used to describe the power to make important decisions on behalf of a child. One parent is usually designated the “primary managing conservator,” meaning the parent who has primary custody. This parent usually gets to decide where the child lives (often within restrictions outlined in the divorce order). Parents who share joint managing conservatorship must make big decisions for the child together, including about issues like education, religious upbringing, afterschool activities, and more. Sometimes one parent will be a conservator of specific issues and one parent will manage the others. This depends on your negotiations and your divorce decree. 

“Possession” is the term Texas uses to describe what has traditionally been known as “visitation.” Even if one parent is the sole managing conservator (meaning he or she makes all major decisions for a child), the other parent can still share possession. Unless there is a good reason not to allow a parent to have possession, such as domestic violence or neglect, the law assumes that children do best when both parents are involved in visitation. Parents can create their own possession schedule or do so with the help of a court. 

Do We Need to Get a Custody Order? 

Even if you and your child’s other parent get along well, you still need to go to court to get a custody order. This is especially true if you were never married. People and circumstances change, and just because you agree to an arrangement now does not mean you always will. What if the other parent wants to move out of state for another job and take the child with them? What if you find a new partner and want to have more time with your child in your new family home? These and other changing circumstances can bring up conflict between parents that can be difficult to resolve without an enforceable custody order. Protect yourself and your relationship with your child by having a custody order from the beginning. 

Schedule a Free Consultation with a Friendly Houston, TX Family Lawyer

The Harris County child custody attorneys with The Cusic Law Firm, P.C. know how overwhelming the prospect of resolving child custody issues in divorce can be. That is why we strive to provide excellent legal representation to Texas parents who want to protect their relationship with their children during and after divorce. While we cannot guarantee a particular outcome in any case, we will fight to make sure you understand your options and your rights and then, with your input, pursue a favorable outcome. Call us today at 713-650-1866 to get started. 




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