When parents separate from each other, one of the biggest questions is often where their child will live most of the time. You may have heard the terms “custodial parent” and “noncustodial parent,” but Texas law uses somewhat different language when deciding each parent’s rights.
In most cases, the custodial parent has the right to choose the child’s main home and spends more time with the child. That doesn’t mean the other parent loses all of their rights, however. Read on to learn how Texas handles this arrangement in a child custody case.
What Does Custodial Parent Mean Under Texas Law?
Texas calls custody “conservatorship,” and the adults with legal rights over a child are known as conservators. Rather than automatically giving one parent complete control, courts often name both parents joint managing conservators. This arrangement allows them to share important decisions in circumstances where the child still lives primarily with one parent.
In many joint conservatorship orders, one parent has the exclusive right to choose the child’s main residence, sometimes within a set geographic area. That parent is commonly called the custodial or primary parent. The court order, not just where the child happens to spend the night, determines who has that right.
What Rights Does a Custodial Parent Have?
A custodial parent typically handles much of the child’s everyday care, although the exact legal powers depend on the conservatorship order. For example, sharing legal custody does not necessarily mean each parent has an equal say in every decision.
Some of the responsibilities and rights that may come with primary custody include:
- Deciding where the child will primarily live, subject to any limits in the order
- Providing a stable home and managing daily routines
- Receiving child support on the child’s behalf when the court orders it
- Following the parenting schedule that gives the other parent time with the child
It is important to review the actual custody order before assuming either parent has the final say on a major issue. Depending on how the court divided those rights, decisions about things like education and medical care may still be shared.
Does the Noncustodial Parent Still Have Rights?
Yes. Being named the noncustodial parent does not automatically prevent someone from helping raise their child. In fact, Texas law generally favors joint managing conservatorship when that arrangement is in the child’s best interest.
The other parent will usually have periods of possession and access, which many people simply call visitation. The schedule may be based on Texas’s standard possession order or another plan approved by the court, depending on what works for the family.
Child support is also a separate issue from parenting time. Although the noncustodial parent often pays support to the custodial parent, falling behind on those payments does not automatically cancel court-ordered visitation rights.
Can the Custodial Parent Change Later?
A custody order isn’t necessarily permanent, since family circumstances can change as a child grows over time. However, one parent cannot simply decide to take over primary custody because they believe a new arrangement would work better.
Under Texas law, changing an existing order generally requires showing a material and substantial change in circumstances, along with proof that the requested change is in the child’s best interest. A lawyer can help you assess whether that standard is met.
Contact an Austin Child Custody Attorney at the Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer
If you need help with a child custody case in Texas, putting an experienced family lawyer on your side is one of the best steps you could possibly take. Contact an Austin child custody attorney at the Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer today to learn more and to set up an initial consultation. At that time, you can ask any questions you might have and receive some preliminary legal guidance.
Reach out to the Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer for help today. We proudly serve clients throughout Travis County and the greater Austin metro area in Texas from our Austin office.
Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer
108 Wild Basin Rd S Suite 250, Austin, TX 78746
(512) 883-9584
