Child custody arrangements are often the most taxing aspect of divorce. Texas law provides that both parents, in the majority of situations, should have access to their children. However, determining where the children will primarily reside and the appropriate visitation schedule can be cause for significant disagreement.
Frequently, custody is shared between parents—in Texas, his is referred to as joint managing conservatorship. When parents are named joint managing conservators, they share in the legal rights to make decisions pertaining to the children, such as education, extracurricular activities, medical care, and religious upbringing. However, frequently one parent is named the primary conservator and he or she will make decisions on where the children will primarily reside. The non-primary conservator will have rights to access and possession of the children on a schedule (frequently, a standard visitation schedule is established giving visitation on the first, third, and fifth weekend of every month, with holiday and summer schedules as well).
In some cases, it is not appropriate for parents to share custody in this manner. In situations where one parent has committed domestic violence, the court can order that the other parent be named the sole managing conservator. He or she will have several exclusive rights, such as the exclusive right to make medical decisions.
Whatever your particular needs and situation are, we can help guide you to the appropriate solution or, if necessary, take action to establish rules to protect children from unhealthy situations.