Many divorced parents can attest that one of the most emotional parts of a divorce is often what type of child custody order the court issues. Over the past few decades, child custody has evolved to include a much greater emphasis on shared parenting instead of sole custody with limited visitation for the other non-custodial parent. While the courts do recognize that it is usually in the best interest of the child for both parents to be actively involved in raising that child, there are situations where the court will instead award sole custody to one parent.
Child Custody in Texas
Under Texas family law, child custody is referred to as “conservatorship.” One type of conservator is joint managing conservator. This is when both parents share significant decisions about the child, including healthcare, education, and religion. The court will also include a possession order which states how much parenting time each parent will have with the child.
Another type of conservator is sole managing conservator. This is when the court grants one parent the primary rights and responsibilities for making those significant decisions concerning the child's upbringing. Although the non-custodial parent may have input in these decisions, the custodial parent has the final say. In this type of custody situation, the non-custodial parent is referred to as a possessory conservator.
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