| TEXAS
CHILD CUSTODY ISSUES
In Texas, there is a rebuttable
presumption that parents should serve as the Joint
Managing Conservators of their children. In Texas, "Conservatorship" is "Custody" of
the children.
Joint Managing Conservatorship does not mean that
each party will have the children one-half of the time.
It also does not mean that child support will not be
awarded to one parent. Joint Managing Conservatorship
does mean that the parents will either share, allocate,
or apportion parental rights and duties. These are
the same parental rights and duties that the parents
have prior to a divorce being filed; they just may
be allocated differently in the divorce. But there
are new requirements, as in most cases, the child's
domicile must be established in the final Court orders.
In the absence of extenuating circumstances ( a history
of family violence, for one), it is advisable for parents
to work out appropriate custody arrangements rather
than have strangers do it for them. A custody fight
involves a great deal of time, commitment, and emotional
and financial expense. In some instances, the child
can be damaged more by the court action than the worst
trait of the other parent. Further, you need to remember
that your child's other parent will be a continuing
part of your child's life and activities. It will be
easier for your child if the child is kept out of the
parents' conflict. This is not possible if a trial
occurs. If you are able to reach an agreement, and
make a commitment to work together to resolve disputes
that may arise in the future, it is very probable that
the child will be able to have both parents at the
important events in the child's life. To emphasize
the importance of parental cooperation, many courts
are now requiring all parents to attend parenting or
divorce education classes before the court action can
be finalized.
Obviously, there are going to be situations where
a custody fight is the only option. However, it is
very important that you thoroughly discuss your concerns,
options, and position with your attorney before making
the decision to take this issue to trial. Mediation
services are available to assist the parties in formulating
appropriate custody arrangements. The Court will usually
also order mediation. As a general rule, mediation
proceedings are confidential and privileged. The articles
on Mediation should be reviewed for more information
about this very useful alternative used to resolve
custody disputes.
Communications with counselors are not privileged
and confidential if the information is relevant to
issues concerning the parent-child relationship.
In those cases where an agreement cannot be reached,
professional services will be required to assist the
Court in making a decision. In Dallas, it is customary
to order a Social Study to be performed by Dallas County
Family Court Services. The Social Study will involve
the completion of informational data, gathering of
references, and an interview in their offices and/or
home. A recommendation on conservatorship will be made
to the Court at the conclusion of their investigation.
The Court may also order psychological evaluations
of one or both parties and/or the children. Additionally,
a party may wish to retain psychiatrists, psychologists,
or private custody evaluators.
If 12 years of age or older, a child can sign an affidavit
stating whom the child would prefer to live with. If
requested by a party, the Court will interview a child
10 years of age or older. Neither the affidavit nor
the information from the interview is binding on the
court. It is some evidence, just like all the other
evidence. However, the court realizes the problems
in ordering a sixteen year old child to stay with a
parent with whom he does not want to reside. If younger
than 10, the child might have the opportunity to speak
with the judge. There is no guarantee of this.
Texas recognizes the rights of grandparents and can
award them custody or visitation rights.
Once a decision is made concerning
conservatorship, provisions for periods of possession
are generally determined by guidelines enacted by
the Texas Legislature commonly called "Standard Possession Order".
You need to review these guidelines for possible modifications
to fit your family circumstances. For example, if one
parent's family always celebrates Christmas Eve and
the other parent's family always celebrates Christmas
Day, and everyone lives within close proximity, the
schedule can be altered so the child has the advantage
of being with both families each year. Persons of different
religious affiliations will want to add holidays specific
to their faith.
NAME CHANGE
Absent agreement of the parties, it is generally not
possible to change the names of the children.
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