When parents in Texas divorce, decisions will have to be made regarding their children. Texas statutes do not use the term "full custody" when referring to child custody. Instead, the term that is used is "conservatorship." Conservatorship involves the rights parents have to the child. These rights can be awarded to only one of the child's parents, to both of the child's parents independently or they can be shared between both of the child's parents. Conservatorship rights include the right to decide where the child will live, primary possession rights and who will be granted child support.
When it comes to possession of a child older than age three, Texas statutes have a "standard possession order." This serves as a template for determining parental possession rights. However, modifications to this statutory template can be made when appropriate. After all, not all families are alike, and what works for some children and parents will not always work for other children and parents.
Parents in Texas love their child deeply and may feel they have to fight tooth and nail against their child's other parent for conservatorship and possession rights. However, dramatic courtroom showdowns are rarely in the parent's or child's best interests. Instead, negotiating these issues out-of-court can lead to a resolution that meets the needs of all involved. It also gives parents more control over the outcome of their case.
At our firm we understand that when it comes to divorce, it is important to reach solutions that are fair and appropriate for our clients and their children. While we encourage our clients to work with their ex to come to an agreement on their divorce legal issues, should negotiations fail we will not shy away from zealously representing our clients in court. Our website about conservatorship and standard possession orders in Texas may be a good jumping-off point for those who want more information on this subject.