Regardless of the status of the parent’s relationship, most would still prefer to spend time with their kids.
Parents want to be part of their kids’ everyday life, but is it realistic? There’s a common misconception that fathers have no possibility of obtaining joint legal custody in Texas. The opposite is true.
During the custody determination process, a Texas court is prohibited from considering gender.
Nonetheless, a 50/50 custody split is notoriously difficult to achieve in Texas. Although a 50/50 custody split is feasible in Texas, it is often settled outside of court via mutual agreement, click here to learn more. If you desire a fair division of parenting time with your children, you need to be aware of a few things.
Consensual Conservatorship vs. Equal Physical Possession
Equal parenting time or equal say in major life decisions should be specified as a first step in establishing fair custody. In terms of a kid’s health, education, and welfare, Texas law differentiates between the mere ownership of a child and the legal authority to make such decisions.
Texas law presumes that it is in the best interests of the children to have both parents named as joint managing conservators. That’s why it’s important for parents to have equal say in raising their kids. If one of your parents has a history of abuse, violence, or substance misuse, you may be able to disprove this assumption.
However, just because both parents are named as conservators does not give them equal custody. In addition to legal guardianship, a conservatorship can also involve physical custody arrangements like sole custody or joint custody.
Joint managing conservatorship is commonly used in cases when both parents desire an equal say in their child’s upbringing.
Typical Possession Order in Texas
You might be wondering why a Texas court wouldn’t just order shared parental responsibility. As of right now, Texas law does not recognize joint physical custody as being in the kids’ best interest.
A typical possession order is presumed to be in the child’s best interests under Texas law. One parent’s home will often be identified as the child’s primary residence under a possession order. One parent naturally has less time to bond with their kid than the other.
In a typical custody agreement, the non-custodial parent will have overnight custody of the kid every other Thursday and every other third and fifth weekend. Each parent takes turns hosting major events like birthdays, holidays, and vacations.