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Addressing the Needs of Texas Children and Parents After Divorce

When it comes to child custody under the Texas Family Code, the phrase "full custody" is not used. Instead, the law uses the term "conservatorship" and addresses how each parent's right to spend time with their child is allocated. Sometimes, only one parent has this right. Other times, the parents each independently hold this right, or the child's parents share. Some of the rights most parents may be concerned with is where their child will live, whether they will be granted child support and who will have primary child custody.

Under state statutes, there is a "standard possession order," which presumes what is appropriate with regards to parental possession of the child, when the child is age three or older. This can be used as a template for creating a possession order, although, of course, modifications can be made that address each family's unique circumstances. For children who are not yet three-years-old, there is no statutory standard possession order.

Because it is such a big state geographically, coming to an agreement on child custody and visitation in Texas is not always easy. For example, the parents may need to live within a certain distance from each other, to execute a workable child custody and visitation schedule. These decisions will be made based on the best interest of the child.

For all these reasons, it is important for parents to understand child custody laws in Texas, so they can make appropriate decisions. At our firm, we aim to ensure our clients have the information they need to understand their rights. When the well-being of our clients and their children are at stake, we will not hesitate to do what it takes to come to a fair solution. Our child custody webpage may be useful to those who want more information on children and divorce in Texas.