If you are ending a marriage or a relationship that includes children, you face one of life’s most devastating processes, in which you may experience different degrees of anger, fear, and uncertainty. Let C.E. Schmidt & Associates, PLLC, help you with our experienced and compassionate child custody attorney services in Houston, TX.
In Texas, courts refer to parents as conservators. The manner in which each parent will interact and spend time with the children is controlled by which conservatorship is set forth by the court.
In Texas, there exists joint managing conservatorships and sole managing conservatorships. These conservatorship types determine the rights and responsibilities of each parent with respect to the right to receive child support and who will make important decisions regarding healthcare, education, and religious affiliations in addition to designating the child’s residence.
Joint conservatorships generally allow both parents to have similar rights and duties relative to the children, although generally only one parent will be allowed the right to designate the primary residence of the children.
Alternatively, sole conservatorships give one parent the lion’s share of rights with respect to decision making regarding the children, while the possessory conservator enjoys only limited rights and may have quite limited periods of visitation and access to the child.
As stated, courts, in most instances, designate one parent as the primary conservator, which status allows that primary parent conservator the right to decide where children will live. Often, the primary residence in which the children will reside depends on the physical location of each parent and the amount of time each parent spent taking care of the children prior to divorce.
Children, especially older children, can also express their wishes for what parent they want to live with. Additionally, courts have to decide on the time parents get to spend with their children. Courts issue this through a possession order, which is part of the final Divorce Decree.
Possession orders set forth the specifics regarding when the children are with each parent. While standard possession orders often follow a set schedule, modified possession orders are possible if both parents agree to the time changes or if the court determines that a particular order is in the best interests of the children.
Some courts allow possession orders in which the children live roughly equal periods of time with each parent — sometimes in a “one week on / one week off” scenario. Possession orders are subject to change particularly when a parent moves out of state or some other material and substantial change occurs.
At C.E. Schmidt & Associates, PLLC, we understand the anxiety and frustration of not knowing how much time you’ll have with your children after your divorce or separation. That’s why we provide the answers you need during this critical time. We use our decades of experience to provide a favorable outcome that accounts for your children’s best interests, while giving full weight to your preferences.
Contact a child custody attorney today at 281.550.6650 for your free consultation.