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Child custody in a Texas divorce is one of the primary concerns of both parents.  Hopefully the two of you can sit down and determine what is in the best interest of your child.  We know that feelings are hurt. But your children need to be protected from as much of the separation as possible.

Child custody in a Texas divorce proceeding is referred to as conservatorship.  There are two types of conservatorship in Texas.  They are joint managing conservators and sole managing conservators.

Rights of Conservators

The courts in a child custody in a Texas divorce want both parents to be involved in the rearing of the child.  The court will look at what is in the best interest of the child.

Conservatorship generally deals with the following rights in regards to a minor or incapacitated child:

  • The ability to receive information from the other parent regarding the health, education, and welfare of the child;
  • Have rights to the records of the child including medical, dental, psychological, and educational records;
  • The right to talk to medical providers regarding the child;
  • The right to talk to schools regarding the child’s welfare and educational status, including school activities; and
  • The right to give consent for medical treatment during an emergency, when there is an immediate danger to the health and safety of the child.

Joint Managing Conservators

As joint managing conservators, you both will have rights and obligations regarding the child.  However, this does not mean that you will have equal time with the child or all of the same rights or duties.  The rights and duties may be divided or shared with the two parties.

Sole Managing Conservator

If you are determined to be the sole managing conservator, you will have the exclusive right to determine issues for your child.  Your rights will likely include the following:

  • Determine the residency of the child;
  • Consent to medical treatment;
  • Be the emergency contact person;
  • Right to attend school activities; and
  • Make decisions regarding the child’s education.

Conclusion

If you are concerned about child custody in a Texas divorce you need to have a serious discussion with your attorney.  Child Custody will determine who will pay or receive child support and make decisions regarding your child’s welfare.   

We strongly advise that you attempt to work these issues out with your spouse.  If you allow the court to make the decision, you may not like the decision.