If you are considering a divorce in Texas and have children, or if you have already filed for divorce, it is important to understand how joint child custody works. This blog will provide information on joint custody arrangements available in Texas and what to consider when deciding if it is right for you. Additionally, this article will discuss the legal aspects of joint custody, such as visitation rights and the best interest of the child standard.
Joint child custody is a legal arrangement in which parents share responsibility for their children. This means parents have equal rights and responsibilities regarding parenting decisions and visitation schedules. Both parents have legal custody of the children, meaning they can make decisions about their child’s upbringing, including education, health care, and extracurricular activities. In joint physical custody, the child spends significant time with both parents rather than living with one parent full-time.
In Texas, joint child custody is often referred to as “joint managing conservatorship” (JMC). Under this arrangement, parents are considered “managing conservators” with equal authority over the child or children. The court will decide on a standard possession order (SPO) that outlines when each parent has physical custody of the children.
When determining joint child custody in Texas, the court will consider several factors, including:
• The emotional relationship between each parent and the children
• The ability of each parent to provide for the physical care and emotional needs of each child
• Any previous history of domestic violence or abuse
• The stability of each home environment
• The wishes of each parent
• Any special needs or circumstances of any involved child
The court will also consider what arrangement is in the best interests of the children. This may include having one parent serve as the primary custodian while allowing both parents an equal amount of time with the children through visitation rights. In some cases, where there might be concerns about one parent being able to provide a safe environment for their children due to substance abuse issues or mental health issues, supervised court may order visitation.
The primary benefit of joint child custody is that it allows both parents to remain involved in their children's lives after divorce or separation. This can provide stability and consistency for the children as they adjust to life after divorce or separation. Also, having both parents involved in decision-making helps ensure that all major decisions are made with both parties best interests at heart. Research has shown that children who have both parents involved in their lives tend to do better academically than those whose only one parent is involved.
In addition to providing stability and consistency for your children, joint child custody can also help reduce conflict between you and your former spouse by giving both parties a chance to communicate on matters related to your children's well-being without having to go through lawyers or involve third parties such as mediators or court officials. Finally, it can help keep costs down by eliminating the need for expensive mediation sessions or court hearings on certain matters related to your children's care.
Joint child custody may only be right for some; there are several potential drawbacks associated with this type of arrangement that should be taken into consideration before making a decision about what type of parenting plan is best for you and your family.
One potential drawback is increased conflict between you and your former partner over issues related to your children's care that could lead to prolonged litigation if unresolved in court proceedings or during mediation sessions. Additionally, if one parent does not adhere to agreements made regarding childcare arrangements or other matters related to parenting time with their co-parent's involvement, then this could cause tension between them which could negatively affect your relationship with them as well as any future interactions with them concerning your children’s wellbeing. Finally, depending on how far apart each parent lives from one another, it could be difficult for them to effectively co-parent without being able to physically spend time together with their kids, which may require long-distance travel expenses or extra coordination efforts from each party involved which could become costly over time if not properly accounted for before entering into a joint custodial agreement between former partners/spouses
Under Texas law, all decisions regarding child support payments and visitation rights must be made in accordance with what is in the best interest of the child(ren). This means that both parties must put aside any personal differences they may have to devise an arrangement that meets the needs of their children first and foremost. When determining visitation rights for each parent under a joint custodial arrangement, courts typically use either an SPO or an MSPO as guidance but may also modify these orders based on unique situations or special circumstances, such as distance between households or work schedules of either party involved. Additionally, any modifications made by either party must still meet all requirements set forth by law concerning child support payments so that everyone's financial obligations are met appropriately according to state regulations.
Joint managing conservatorships can be beneficial arrangements for divorcing couples with minor children because they allow both parents equal rights and responsibilities regarding parenting decisions while providing stability for those involved by maintaining regular contact between parents and kids through agreed-upon visitation schedules. However, it is essential that couples negotiate these arrangements carefully, so all parties involved know exactly what rights, responsibilities, and expectations exist before signing off on any documents related thereto. Furthermore, provisions outlining what should happen if either party has significant changes in circumstance should also be included so everyone involved knows exactly what steps should be taken if such situations arise.