San Antonio Divorce- Child Custody Lawyer Jason Cruz

What Does The Word Custody Mean In Regards To Child Custody Cases?


Custody in a broad sense means that there is a dispute between a mother and father or two parents of a child or children over the actual possession and access terms that the parties have between one another. In addition to that, it typically refers to who has the right to designate where their child or children reside and whom they reside with. In more general terms, it refers to who gets to decide who is going to have the children and where they live and which parent is going to be the one that basically gets to visit with them every other weekend, so to speak.

Are There Different Types Of Custody In Texas?

There are only two types of custody laws in the state of Texas. It is either a joint managing conservator or JMC is the short version or sole managing conservator. If one parent is the sole managing conservator, then the other parent is the possessory conservator by default. What it means to be a possessory conservator is that you are essentially given either a standard of visitation or something less than a standard of visitation which is essentially every other weekend. Although you have the right to confer with the other parent regarding any issues that are ongoing with the child, whether those be medical, educational, or any issues that are pertinent to the child’s well-being.

You do have the right to consult with that parent and receive information, but it would be the sole managing conservator that typically possesses the right to decide who the children’s physicians will be, counselors, dentists, and as well as educational issues. The sole managing conservator typically possesses all the genuine power regarding all the decisions revolving around the child and the possessory essentially just has the right to be informed.

Can The Parents Work Out And Implement A Custody Plan On Their Own?

If the parents have a full blown agreement and they both agree to a custody plan, and they have signed it, then the court would accept an agreement between the parties. It must be put before the court that would give the court a reason to believe that perhaps that agreement is not valid or that agreement is not in the best interests of the children, Overwhelmingly, I would say that a court would sign off on an agreement that was fully signed off on or agreed to by the parties.

How Are Visitation Agreements Awarded Or Arranged?

Technically, the Texas legislature has set the parameters for visitation agreements or arrangements. There has to be some sort of evidence as to why standard visitation should not apply, then the default in Texas is standard visitation, which is the first and third weekend of the month goes to the possessory parent. The standard visitation goes to the possessory parent which is the parent who is not residing with the children Monday through Friday every week. The judge essentially follows the law which has been enacted by legislature, but the judge has authority to deviate from the standard visitation schedule when the circumstances or facts require or dictate the judge to deviate from said agreement.

Are There Other Preset Parameters For Holidays And Different Occasions Like That As Well?

Part of the legislature’s orders or findings that are found in the Texas Family Code, are all holidays are alternated between both parties. You alternate Thanksgiving, you alternate the Christmas break, and you alternate spring break. Whoever is the possessory parent gets at least thirty days during the summer, and receives at least two hours for the Child’s birthday, mother gets Mother’s day, father gets Father’s Day. This is all stated in the statute from the Texas Family code laws.

What Are The Rules Regarding The Relocation Of A Parent In Texas?

Either parent can relocate under any circumstances, unless there is what we refer to as a geographic restriction that is in place at the party’s orders. If there is a geographic restriction in place then the primary parent or the parent with whom the children resides cannot relocate out of the geographic restriction zone or geographic area that has been specified in the order. The parent with whom the children reside cannot relocate outside of that area.

If they all of a sudden have a new job or a change in circumstances that basically feel that they have to relocate, they would have to go to court to lift that geographic restriction. Theoretically the other parent or the possessory parent would be able to take custody of the children, because they cannot move from the geographic region.

For more information on Child Custody Cases In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (210) 524-7798 today.

Jason Cruz

Get your questions answered - Call for a free consultation (210) 524-7798.

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