How Does Joint Custody Work in Texas?

If you are considering divorce in Texas, you may have heard of the term “joint custody.” But what does joint custody mean, and how does it work? Let’s take a look at the basics of joint custody in Texas and answer some of the most commonly asked questions about this arrangement.

Types of Joint Custody Arrangements

In Texas, there are two types of joint child custody arrangements—joint managing conservatorship and joint possessory conservatorship. A joint managing conservatorship is an arrangement where both parents share equal rights to make decisions about the child’s health, education, welfare and other matters concerning parenting responsibilities. A joint possessory conservatorship refers to the physical custody of the child. Both types of arrangements can be modified as needed to fit the needs of the family.

Joint Managing Conservatorship

In Texas, as mentioned above, child custody may be determined through a joint managing conservatorship agreement. This type of child custody is considered beneficial as it allows both parents to cooperate in making decisions that are essential to the child’s well-being. Although it is primarily used in divorce proceedings, other family law matters such as paternity and child support cases may also include a joint managing conservatorship. In Texas, any agreement regarding child custody must be approved by the courts to ensure its legality and fairness. Therefore, anyone looking into a joint managing conservatorship should seek counsel from an experienced attorney who can provide advice on the best course of action specific to their situation.

Joint Possessory Conservatorship / Joint Physical Custody

When a child’s parents are looking for child custody decisions following a divorce (or if they are an unmarried couple looking for a child custody arrangement) in Texas, joint physical child custody is an option to consider. This type of child custody is where parents agree (or a court decides) which home will be the primary residence, along with a visitation schedule for the other parent.  It may also be a 50/50 arrangement which allows the child to be in both parents’ homes on an alternating basis, enabling them to stay with each parent as long as possible. However, there are several important factors that should be taken into consideration when deciding if joint physical child custody is the right choice for your child. For instance, it’s important to make sure that both parents have compatible parenting styles and enough flexibility in their schedules to be able to handle the child’s needs equally. Additionally, having a detailed set of rules and agreements between the parents can help reduce potential conflicts. Lastly, having communication and cooperation between both parties is essential for successful joint physical child custody arrangements in Texas.

Parental Rights Under Joint Custody

When parents choose to pursue a joint custody arrangement in Texas, they must understand that it does not necessarily mean that each parent will get exactly 50% of the parenting time or decision-making authority when it comes to raising the child or children involved. It is up to both parties to decide which parent will make specific decisions regarding health care, education and other matters concerning parenting responsibilities. It is also up to them to decide how much parenting time each parent will receive with their shared children. In any case, both parents should be aware that they still retain parental rights under a joint custody arrangement even if one parent has primary physical custody or primary decision-making authority over certain issues.

Plano Child Custody Attorney

Joint custody arrangements can be beneficial for families who want to remain actively involved in their children’s lives after divorce proceedings have been finalized. However, before entering into any kind of agreement involving your child or children, it is important for all parties involved to thoroughly understand how such an agreement works in Texas. By understanding the different types of arrangements available as well as what parental rights are established under a joint custody agreement, you can ensure that your children’s best interests are met and that everyone involved remains satisfied with the outcome. Contact The Fox Firm for a child custody consultation and we can help set clear expectations set from day one so that you can move forward with confidence knowing that your children’s needs are being met now and into the future.