Child custody may be initially rendered in a Divorce or a Suit to Establish the Parent Child Relationship which is custody case between unmarried parties. Below is a list of frequently asked questions about child custody. If you have further questions please do not hesitate to contact our office for a consultation.
What is custody and what is joint custody?
Child custody has two components, the power to make decisions regarding the children or "rights and duties," and the respective periods of possession of the parents.
The rights and duties of the parents include who decides where the children live and if there is a geographic restriction, who makes decisions on major medical issues, and who decides what school the children attend. Under a joint custody order called a "joint managing conservatorship," the parents may agree or be given the right to make these decisions together, except one parent may have the right to determine where the children live.
The possession schedule is decided separately. The Court is not required to award the parents equal time with the children in cases where the parents are appointed joint managing conservators. Parents may, however, agree to equal time with their children subject to the Court's approval.
What is "standard possession" of children in Texas?
The Standard Possession schedule is a schedule for possession of the children contained in the Texas Family Code. The law presumes that the Standard Possession order is in the best interest of the child. In practical terms this means the Standard Possession order is the schedule that the Court usually orders in contested custody matters unless there is a compelling reason to do otherwise.
The Standard Possession order states that one parent has possession on the 1st, 3rd, and 5th weekend of each month, every Thursday during the school year, and for 30 days in the summer. That parent also has possession in odd numbered years for the Thanksgiving school holiday and the Christmas school holiday from December 28th until the day school resumes after the Christmas holiday. In even numbered years that parent has possession from the time school is released for the Christmas holiday until December 28th.
Most custody orders contain provisions allowing the parents to agree to any possession schedule they believe is appropriate, but absent such an agreement, the Standard Order will govern the possession schedule.
Can my children decide where they want to live?
When children reach the age of 12, the law allows them to express an opinion: However, it is not binding on the court. Be advised that involving children in a divorce or putting them in the position of having to choose between their parents can have serious adverse consequences on their long term well-being.
Can my spouse prevent me from moving in the future?
The Court may place a geographic restriction on the residence of the children. This restriction is often either the county in which the divorce occurs or the county of the divorce and any county that shares a border with the county of divorce. There are circumstances under which these restrictions can be removed.
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From my office in Austin, I provide legal advice and representation for clients throughout Travis County, Williamson County and Hays County, Texas. To arrange an initial consultation with an experienced Austin child custody lawyer, call my office at 512-708-0947 or contact me by e-mail.
