Understanding Child Custody in Texas Divorce Cases
One of the most emotionally charged aspects of divorce is child custody. No parent wants to lose the ability to make decisions for their children or spend less time with them. A Houston divorce lawyer once mentioned that if divorces could exempt children, they wouldn’t be such a legal headache. However, children cannot be excluded from divorce proceedings, and the Texas Family Code is clear on how custody is determined during and after the divorce.
Which Parent Should Get Custody?
The law doesn’t directly say who should have custody of the children until the divorce trial proceeds. Parents are encouraged to reach an agreement themselves because a judge will always make decisions based on the children’s best interests, which might not align with either parent’s wishes. Temporary orders can be issued at the start of a divorce to outline where the children will live and how often each parent can see them. These orders do not grant full custody to either parent; instead, they ensure both parents have access to the children until the divorce is finalized.
What Is Child Custody in Texas?
In Texas, custody is more than just who the child lives with. The term custody is often used to refer to the role of the sole managing conservator, which means a parent has the right to make decisions regarding important matters in the child’s life, such as healthcare, education, and residence.
Since September 1995, the law shifted toward Joint Managing Conservatorship. This approach encourages parents to share the decision-making responsibilities for their children, ensuring that both parents remain actively involved in major decisions. The role of managing conservator is determined by what’s best for the children, but if the parents cannot agree, a judge will step in to make the final decision.
Standard Possession and Visitation Orders
When parents cannot agree on custody arrangements, Texas law has a default Standard Possession Order. This provides a schedule for when the parent without primary custody can spend time with the children.
- If the parents live within 100 miles of each other, the non-custodial parent is entitled to:
- The 1st, 3rd, and 5th weekends of each month from Friday 6 PM to Sunday 6 PM, or as the school schedule permits.
- One weekday evening from 6 PM to 8 PM.
- Alternating holidays, including Thanksgiving and Spring Break.
- One week at Christmas and 30 days during summer break.
- If the parents live more than 100 miles apart, the non-custodial parent is entitled to:
- Spring break and 6 weeks of summer vacation.
- Weekends and weekday visits may be modified or omitted, depending on the circumstances.
Restrictions on Standard Possession
In some cases, the Standard Possession Order may not be suitable for the child’s needs. If a parent believes the other cannot adequately care for the children, they can request a supervised visitation order. In these cases, the parent without primary custody may be allowed to see the children but under supervision and without overnight stays.
If the children are under 3 years old, the courts automatically impose restrictions that require supervised visitation. These restrictions can be modified if the parents can prove the children are not at risk.
Seek Professional Legal Advice
Child custody can be complex and emotionally taxing, but having the right legal representation can help guide you through the process. A skilled Houston divorce lawyer can provide clarity on your custody rights and help you understand how Texas Family Law applies to your specific case.
If you’re navigating a divorce with children involved, ensure that you understand your rights and obligations. A Houston family law attorney can assist you in making the best decisions for your children, with a focus on preserving relationships and ensuring their well-being.
