Custody decisions can be one of the most emotionally charged aspects of divorce, as they require balancing the best interests of the child with the goals and responsibilities of both parents. Whether your divorce is amicable or more complex, understanding how custody works in Texas can help you navigate the process with confidence and clarity.
In Texas, courts prioritize the child’s best interests when determining custody arrangements, often encouraging parents to create a tailored agreement that works for their unique family situation. Let’s explore common custody arrangements and the factors that influence these decisions.
Possession vs. Access in Texas
In Texas custody cases, "possession" and "access" are distinct concepts, though they often go hand in hand.
Possession grants a parent the right to have physical control of the child during specified times. This means the parent can make day-to-day decisions and care for the child during their scheduled period.
Access, on the other hand, allows a parent to visit, communicate with, and interact with the child but does not necessarily give them physical control or custody.
These rights are typically outlined in a court-ordered Possession and Access Order, detailing specific schedules for possession and access, including holidays, weekends, and other special occasions. Understanding the difference helps ensure that both parents respect each other's roles while maintaining meaningful relationships with their child.
Common Custody Arrangements in Texas
In Texas, the most common custody framework is Joint Managing Conservatorship, where both parents share responsibilities and rights. This structure often involves:
Custodial Parent: The parent with whom the child primarily resides and who typically makes major decisions about the child’s education, healthcare, and daily life. Although both parents may usually have “possession” of the child at their respective schedules, in some cases, the non-custodial parent may have no possession rights at all, and is only granted limited or supervised “access” to a child.
Non-Custodial Parent: The parent who has scheduled visitation and remains actively involved in the child’s life. This is the parent that the courts grants “access” to the child.
Possession schedules are designed to fit the family’s needs and may include:
Standard Possession Order: A default schedule outlined by Texas law that many families adapt to their circumstances.
Alternating Weekends: Children stay with one parent during weekdays and alternate weekends with the other parent.
4-3 Schedule: A balanced split where the child spends four days with one parent and three days with the other.
50/50 Split: A true equal-time arrangement where children alternate weeks or have evenly divided time within each week.
Schedules can also include adjustments for holidays, school breaks, and vacations, ensuring flexibility and fairness.
Customizing Parenting Plans
No two families are identical, and custody agreements should reflect this individuality. Parenting plans allow parents to create arrangements that accommodate their unique needs, such as work schedules, travel commitments, or the child’s extracurricular activities.
Collaboration between parents often leads to creative solutions that work for everyone. For example, one parent’s irregular work hours may call for a flexible visitation schedule, or a child’s specific needs might require specialized provisions in the agreement.
When parents struggle to find common ground, mediators or attorneys can facilitate discussions and help craft a fair plan. If disputes remain unresolved, the court will decide custody based on the child’s best interests.
Alternative Custody Arrangements
While joint managing conservatorship is common, other arrangements may be necessary depending on the circumstances:
Joint Legal Custody: Parents share decision-making authority even if physical time with the child isn’t equally split.
Sole Custody (Sole Managing Conservatorship): One parent has full custody if the other poses a risk to the child due to abuse, neglect, or other serious concerns. In such cases, supervised visitation may still be an option for the non-custodial parent.
What Courts Consider in Custody Cases
When custody cases reach court, judges assess various factors to determine the best arrangement for the child, such as:
The child’s physical, emotional, and educational needs.
The stability and safety of each parent’s home environment.
Each parent’s ability to meet the child’s daily needs and responsibilities.
Any history of abuse, neglect, or substance abuse.
The child’s relationship with each parent and siblings.
In some instances, older children may express their preferences, though this is only one factor in the court’s decision.
Let Us Help You Navigate Custody
Navigating custody decisions can be challenging, but you don’t have to face it alone. At Sims & Purzer, we specialize in helping families create agreements that prioritize the child’s well-being while addressing each family’s unique needs.
Whether you need support creating a parenting plan, pursuing mediation, or advocating in court, our team is here to guide you through every step. Contact us today to learn how we can help you secure a custody arrangement that works best for your family.
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