Parents in the Sweetwater area who have children may wonder how the courts will resolve matters if they are in the process of ending their relationship with their partner.
For starters, in its official language, Texas does not use the words child custody and visitation. Instead, Texas law uses the terms conservatorship, access and possession.
Conservatorships give parents the ability to make decisions for their children
A conservatorship refers to a court order granting a parent the ability to make important decisions about his or her children, such as decisions about where the child will live, how the child will be educated, healthcare decisions and the like.
Courts will ordinarily grant a joint managing conservatorship, which means that parents will have to communicate and work together to make decisions. However, in some cases, including cases of abuse and neglect, a court may award conservatorship to only one parent.
In most cases, both parents will have possession and access
Typically, both parents will be subject to a standard possession order which describes which parent will watch over the child and at which times. Again, a judge may restrict a parent’s visits if she feels visits might harm the child in some fashion.
If parents are not able to agree on a visitation schedule, then a judge will create one.
Courts will try to ensure the best interests of the child
A Texas family court will make decisions about conservatorship that it feels are in the best interests of the child involved and will consider a number of factors when doing so.
If parents are not able to agree with each other about custody and visitation questions, they will have to present evidence and arguments in court.