Child Custody in Texas at a Glance

In cases where families break due to one reason or another, one thing that the law is very concerned with is how the kids in that family will be taken care of. Rules governing child custody vary from one state and county to another. Child custody in Texas is basically determined by the court and the involved parties subject to existent guidelines.

Texas law can either appoint one spouse as the Sole Managing Conservator of the child/children (the party having custody), and the other party as the Possessory Conservator of the child/children (the party having visitation). The second option will be to appoint both parents as Joint Managing Conservators of the child/children and then allocate the rights and responsibilities between the parents.

One very unique but important thing in the laws regarding child custody in Texas is the fact that the responsibilities of providing for the children are share according to the capabilities of the parents without taking into consideration their gender. This is with regard to the Equal Rights Amendment adopted in the year 1973.

In cases where the estranged spouse agrees on custody, the court will almost always approve your written agreement. If you and your spouse cannot work out an agreement, the court will decide on custody. However, it should be noted that a custody battle is extremely expensive and destructive.

It is a common feeling in some parents that they would like to maintain total power over their kids after a divorce leaving their spouse with no say in the matter. This is not realistic. Laws governing child custody in Texas acknowledges the fact that for a child to grow up well they will need the input of both parents and always strive to give this to the affected kids.

With respect to these, the Texas law system has established a detailed set of rights, powers, privileges and duties for both the Sole Managing Conservator and the Possessory Conservator after divorce. However, after keenly going through these rules, you will find out that having total control over your kids is not worth the fight and that your children will be better off if you work out the joint Managing Conservatorship. This highly vouched for joint managing conservator means that the sharing of rights, privileges and powers over your kids’ life. This does not however mean that there will be equal or nearly equal periods of physical possession or access to the child by each parent.

Another very important guiding factor to child custody in Texas is the policy that was adopted in the year 1987. It states that: “It is the policy of this state to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child and to encourage parents who share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage.”