The breakdown of a marriage is rarely easy. While ending the relationship might be best for you, the process can be particularly challenging when minor children are involved. In these situations, you are likely worried about your parental rights, and your children can struggle with the confusion of a significant life change. 

The team at Barton & Associates Attorneys at Law, PLLC, understands the importance of protecting your relationship with your children. Our team of family law lawyers work tirelessly to assist you with this process and ensure you are treated fairly by the court.

Who Gets Legal Rights to the Kids in a Texas Divorce?

The Texas Family Code governs who gets custody of children in a divorce, which is referred to as “conservatorship.” The primary concern of the courts is the best interest of the child. 

There are different types of conservatorship, including:

• Joint Managing Conservatorship – Both parents shared the rights and duties of parenting. Note: Joint managing conservatorship doesn’t necessarily mean equal time with the child.
• Sole Managing Conservatorship – When the court awards one parent sole managing custody. Note: The other parent may have limited rights and duties of parenting.
• Possessory Conservatorship – When the non-custodial parent is typically given possession and access rights, meaning they can spend time with the child and participate in certain decisions, even if they are not the managing conservator.

The law prefers joint managing conservatorship when possible, and this is the most common form of conservatorship.

Note: Conservatorship refers to the “legal rights” of the child, which includes decision making power for educational, healthcare, and other basic legal rights.

Primary Custodian: Who Will the Children Live With?

When parents divorce, one of the biggest concerns is who will serve as the child’s primary custodian, which is the partner with whom the child primarily lives. The primary conservator is responsible for the child’s day-to-day care, while the other parent typically has scheduled visitation rights. In cases of joint managing conservatorship, the primary conservator is still the designated, but the non-custodial parent plants an active role in decision-making.

Texas courts determine primary custody based on several factors, including the child’s physical and emotional needs, parental ability to provide for the child, and the stability of the home.

Note: The primary conservator (the primary parent) is different from the legal conservator. While the primary conservator has physical custody, both parents in a joint managing conservatorship may share decision-making responsibilities like education, healthcare and religious preferences.

Conservatorship vs. Custodial Rights

Conservatorship, as described above, refers to legal rights and decision-making authority. Custodial rights, on the other hand, refer to physical custody and visitation arrangements. In most cases, the court prefers joint managing conservatorship, where both parents share legal rights. However, one parent is usually designated as the primary conservator, who the child lives with most of the time.

The non-custodial parent (referred to as the possessory conservator) will generally have a visitation schedule. Both parents, regardless of custodial arrangement, are expected to work together in the best interest of the child.

Understanding Child Support

Divorcing with kids in Texas also raises the important question of child support. Like most states, Texas has adopted guidelines that can be used to calculate the recommended amount of support a child needs. While these calculations provide for a specific monthly amount to be paid by the non-custodial parent, the judge has the power to deviate from these recommendations. This includes requiring payments above or below the recommended amount.

It is also possible to ask the court to amend the child support order in the future. This will generally only happen when a material change in circumstances occurs. If either parent experiences a notable increase or decrease in income, the court might agree to alter the terms of the child support arrangement.

Let Barton & Associates Attorneys At Law, PLLC Protect Your Parental Rights

Divorcing with kids can be a difficult process for most parents. It is important for you to remember that you have certain rights under the law that our team of attorneys is ready to protect.

Our attorneys will work with you to help you understand your rights and obligations under the law. Given how important the outcome of your case will be, it is crucial that you seek guidance from a skilled attorney. Contact us as soon as possible for a free consultation.