Denton Child Custody Lawyer

Custody and Visitation

Custody in Texas is known as “conservatorship.” Both parents, unless the parent-child relationship is terminated, will be named conservators of the children. There are different types of conservatorship and visitation arrangements. In a sole conservatorship arrangement a parent is awarded sole conservatorship and they may determine the child’s upbringing, including education, medical, psychological treatment, health care, religious training and the like. In a joint conservatorship situation, the parents can share the decision making rights, responsibilities, and the authority relating to the health care of the child, unless allocated, apportioned, or decreed to one parent. In a joint physical custody arrangement, each of the parties will have frequent and meaningful contact with the children. Usually, one parent will be the residential parent (or the parent who determines the primary residence of the child) and the other will have periods of visitation. In Texas, joint conservatorship is presumed to provide the best interest and welfare of the child. However, in some case joint conservatorship is not in the child’s best interest and a determination can be made that sole conservatorship would better serve the children. In cases of domestic violence within a two year period prior to filing for divorce, sole conservatorship is presumed by the Texas Family Code.