If you’re going through child custody proceedings in Texas, you might feel overwhelmed with questions and uncertainties. How does joint custody work in Texas in everyday life? How do you make it work for your family? What if the other parent doesn’t pull their weight or follow the child custody order?
At BB Law Group PLLC, we know you want to know what’s best for your children and settle your custody issue as quickly as possible. Our The Woodlands child custody attorneys can represent you in custody proceedings and help you work toward an arrangement that meets your children’s needs. This blog will take you through the basics of Texas’s child custody laws and outline how joint custody works in daily life.
The Basics of Joint Custody in Texas
While other states use terms like “custody” or “guardianship” when describing a parent’s legal authority to make critical decisions for their child, Texas law uses the term “conservatorship.” Two married parents share legal authority to make child-rearing decisions, an arrangement that state law calls a “Joint Managing Conservatorship.”
Texas law promotes shared conservatorship of minor children between divorced parents when possible. When considering how does joint custody work in Texas, it’s important to note that state law also says judges must prioritize the child’s best interests when deciding custody.
To obtain sole conservatorship, a parent must prove the other parent is unfit or poses a danger to the child. Typically, meeting this standard requires the parent requesting sole conservatorship to show a history of abuse, neglect, or domestic violence by the other parent.
A judge will issue the final court order in a custody dispute, but judges prefer if parents can agree on a custody arrangement without an ugly, prolonged courtroom battle. Parents who disagree on custody matters might attend mediation to see if they can resolve their differences. If mediation fails, the case judge will decide the outcome. Understanding how does joint custody work in Texas can help you prepare for these proceedings. A judge must also approve any custody plan the parents agree to themselves.
How Joint Custody Works in Daily Life
Even when parents share custody of a child following a divorce, it’s often not practical for the child to split time equally with each parent. This arrangement is usually too disruptive to the child’s daily life to work. Instead, one parent typically has primary physical custody of the child, and the parents agree on a prearranged schedule for spending time with the child. This may involve the child spending weekends with the other parent, rotating holidays, or whatever other arrangement works for both parents and the child.
While the child usually spends most of the time with one parent in a joint conservatorship arrangement, both parents retain legal authority to make critical decisions for their child. This includes the authority to make decisions regarding the child’s education, health care, religious upbringing (if any), etc. If the parents disagree on these vital issues and can’t reach a compromise on their own, they can take the issue to the courts, where a judge will decide the matter.
What Happens If the Custodial Parent Doesn’t Show Up in Court?
Life sometimes gets in the way of legal proceedings, and bad things often happen at inconvenient times. Furthermore, it can be difficult for some parents to get time off work to attend a court hearing.
However, it’s a bad look when a custodial parent doesn’t attend court proceedings. At a minimum, they should send their attorney to represent them so the judge knows they take the matter seriously. If a custodial parent fails to show up in court and doesn’t send an attorney, the judge might change the custody arrangement, award custody to the other parent, or take other measures.
How to Get Joint Custody Without Going to Court
Practically speaking, you can’t get joint custody without a few courtroom appearances. Even if you and your former spouse agree on a custody arrangement, a judge must approve it.
However, you can avoid a prolonged court battle by presenting a thorough parenting agreement to the judge, thus avoiding contentious court hearings. Furthermore, you do not have to attend all child custody hearings yourself. An attorney can represent you in most instances and protect your interests. If there is a hearing you must attend, your attorney can inform you beforehand, giving you time to prepare.
Need a Custody Lawyer in The Woodlands, TX? BB Law Group PLLC Can Help
Child issues in Texas are complicated, and you need an attorney’s help to understand your rights and protect your interests. Our Texas child custody lawyers at BB Law Group PLLC can guide you through the process and help you work toward an outcome that meets your child’s needs. Contact us today at (832) 534-2589 for a consultation.
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