Divorcing with children can be a very trying and emotional time. Much like spouses do not see eye-to-eye on divorce issues they are working through, divorcing parents too face problems and issues of not agreeing with on another. Although both parents may have the best interests of the child in mind, this does not always translate into a workable agreement. Because of this, child custody can look different from one family to the next in Texas and elsewhere.
In our state, child custody is referred to as conservatorship and each parent is called a custodian. In court, a child's custodian is called a conservator. Unless parents can agree to a custody plan, conservatorship is decided by the court, which is based on the best interests of the child.
Conservatorship comes in two forms: sole managing conservatorship and joint managing conservatorship. With sole managing conservatorship, one parent makes decisions for the child. With joint managing conservatorship, both parents share the rights and duties as parents. But, specific decision rights can be awarded to individual parents.
With conservatorship, certain rights are afforded to each parent. Some examples of important decisions includes education, health and welfare, including the records associated with them. And, this also includes communication rights, like medical professionals and school officials.
Child custody can look different because each family is dealing with different issues. In order to establish the custody order that works best for you and your situation, it is important to become fully informed of your legal rights and options.