When considering divorce or needing to modify custody orders, it’s crucial to understand what to expect during a consultation. Many parents come in with specific ideas about custody, often using terms like “full custody” or “50/50 custody.” But what do these terms really mean?
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC provide an in-depth explanation of what custody consultations involve, offering practical insights and guidance for parents navigating these complex decisions. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
What Does Full Custody Mean?
Many people express a desire for “full custody” of their child or children. However, the term “full custody” doesn’t actually exist in the Texas Family Code. When someone asks for full custody, it’s important to clarify what that means to them, as it can mean different things to different people.
For some, it might mean they want to be the primary parent, a term that also doesn’t exist legally but is commonly used. The legal terms in Texas are “primary conservatorship” and “joint managing conservatorship.”
In Texas, all parents are presumed to be joint managing conservators of their children unless there are significant concerns, such as family violence or other criminal activities. These cases are rare, but when they occur, one parent may be named the sole managing conservator.
When parents come in, it’s crucial to explain that they will likely be named joint managing conservators along with the other parent. Then, the discussion shifts to the specifics: What decisions should be made regarding the child? Where will the child live most of the time? What should the possession and access schedule look like? These are the questions that help determine the practical aspects of custody.
The Reality of 50/50 Custody in Texas
There’s a growing trend of parents requesting 50/50 custody. But, just like with “full custody,” it’s important to clarify what 50/50 custody means. Are we talking about splitting time equally between both parents? Or does it also involve sharing decisions and expenses evenly?
It’s essential to consider whether a 50/50 arrangement is practical for the specific situation. For example, if one parent works night shifts, how will they handle pick-ups, drop-offs, and care during their assigned time? Many clients mistakenly believe that the court starts with a presumption of a 50/50 split, but the Texas Family Code doesn’t even address this concept.
Some judges in Tarrant County are more open to 50/50 arrangements, but this is not the norm, especially in district courts where final decisions are made. If 50/50 custody works for the family and an agreement can be reached outside of court, that’s great.
However, if the case goes to trial, it’s unlikely that a 50/50 split will be awarded unless the judge makes an unusual ruling or the parents have already been successfully managing such an arrangement.
Crafting a Custody Agreement That Works
Ultimately, the goal is to craft a custody agreement that works for the family. Whether considering full custody, 50/50 custody, or something in between, it’s important to understand the legal definitions and what’s feasible in the situation.
Many custody arrangements can be reached outside of court, providing more flexibility to create a plan that suits the needs of both the parents and the children. This is where mediation plays a crucial role. It allows parents to discuss their concerns and find common ground without the pressures of a courtroom. Through mediation, both parties can explore creative solutions that align with their family’s unique situation.
Mediation not only encourages collaboration but also ensures that the agreement is legally binding under Section 153.0071 of the Texas Family Code, which outlines that signed mediated agreements are enforceable in court. This helps avoid drawn-out legal battles and gives families more control over the outcome.
The Role of Parental Rights in Custody Decisions
Understanding parental rights is crucial when discussing custody arrangements. In Texas, both parents generally have equal rights to make decisions regarding their child’s education, health, and welfare. These rights are part of the joint managing conservatorship unless the court finds that one parent should be granted sole managing conservatorship due to specific issues like family violence or neglect. Knowing these rights can help parents make more informed decisions during custody negotiations.
What Does the Texas Family Code Say About Custody?
The Texas Family Code provides a legal framework for custody decisions, referred to as “conservatorship” in legal terms. Key sections and statutes that relate to this topic include:
Section 153.131: This statute presumes that joint managing conservatorship is in the best interest of the child, meaning both parents share the rights and duties of raising the child unless there’s evidence to the contrary.
Section 153.134: Outlines the rights and duties of parents appointed as joint managing conservators, including the right to make decisions regarding the child’s health, education, and welfare.
Section 153.002: The best interest of the child is always the primary consideration in determining conservatorship and access.
Section 153.191: Provides guidelines for modifying custody orders, focusing on the child’s best interest and significant changes in circumstances.
Section 154.001: Details child support obligations, including how they are calculated and enforced.
Having an attorney who understands these statutes and can explain them in detail is beneficial for parents navigating the complexities of child custody.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Custody arrangements are a critical aspect of divorce proceedings and can significantly impact both parents and children. Understanding the legal terminology and practical considerations is essential for making informed decisions. Consulting with a family law attorney can provide valuable guidance and help ensure that the custody agreement is in the best interest of the child.
You can contact us by phone at 817-332-4477, or visit our website at twomolaw.com to set up a free consultation. We offer free initial consultations and are available to meet in person, over the phone, or via Zoom, whichever works best for you.
Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How Does Mediation Work In Texas?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Should I Bring With Me For My Initial Consultation With The Law Office Of Turner Monahan PLLC?
- What Is The Difference Between Prenuptial And Postnuptial Agreements?
- What Can I Do To Protect My Credit And Finances? My Ex Won’t Pay The Joint Card Payments?
- How Do You Get Medical Information From The Other Parent Who Is Keeping It From You?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
