Child custody can become one of the hardest issues to resolve in the context of a divorce case in Texas. Both parents may have custody in some form, but that doesn’t necessarily mean they will share the same rights and spend equal time with their child going forward.
Legal custody generally concerns important decisions like healthcare, while physical custody deals with where a child lives and when each parent sees them. Texas uses different legal terms for these arrangements; however, the distinction is worth learning in more detail.
How Legal Custody Works in Texas
Texas law uses the term “conservatorship” when deciding each parent’s rights and duties toward a child. Texas courts often appoint parents as joint managing conservators. This means both parents have certain parental rights and responsibilities, although a judge may assign specific decisions to one parent or require the parents to make them jointly.
Depending on what the custody order says, those decisions may involve things like:
- School enrollment
- Medical treatment
- Access to school records
- Other matters assigned by the court
Keep in mind that joint managing conservatorship doesn’t always give both parents the final say. A judge may grant one parent the exclusive right to make a particular decision, which is why reading the exact wording of the order is key.
What Physical Custody Means for Texas Parents
Physical custody has more to do with the time a child spends with each parent. In Texas, the legal terms are generally “possession” and “access,” and the court order will explain when each parent is entitled to spend time with the child.
For example, one parent may choose the child’s primary residence while the other follows a visitation schedule. Texas has a standard possession order, although the court can choose a different schedule when appropriate.
The parent whose home is considered the child’s primary residence is often called the custodial parent. However, that label by itself does not tell you everything about the parent’s decision-making rights. Child support is also handled separately from parenting time, and the two should not be confused.
Can Parents Share Legal Custody Without Equal Parenting Time?
Yes, and this is a common source of confusion in Texas child custody cases. Parents can share legal custody through joint managing conservatorship even when their child lives with one parent for most of the year.
Joint managing conservators do not have to divide parenting time equally. Instead, the court considers the child’s best interests when deciding how much time each parent should have.
That also means you shouldn’t assume a parent has fewer legal rights simply because the child spends fewer nights in that parent’s home. The court order controls which rights each parent has.
What if Parents Cannot Agree on Custody?
Some parents can work out their own custody arrangements, but that isn’t possible in every case. If they cannot reach an agreement, a judge may need to decide how parental rights and parenting time should be divided.
Texas law makes the child’s best interests the main concern in these decisions. In certain situations, such as when there is a history of family violence, the court may decide that joint managing conservatorship is not appropriate.
Once an order is in place, neither parent should assume it can be changed simply because their preferences have changed. Modifying an existing order generally requires meeting specific legal requirements.
Contact Our Austin Child Custody Lawyer Today for a Consultation
The difference between legal custody and physical custody can affect your relationship with your child for years to come. Understanding how Texas courts assign decision-making rights and parenting time is essential when preparing for a contested custody case.
At the Law Office of Ben Carrasco, PLLC, we take a strategic, trial-ready approach to complex family law disputes. Ben Carrasco is a board-certified family law attorney with extensive litigation experience who is prepared to fight for your parental rights in negotiations or in court. Contact us today to schedule a consultation with an Austin child custody attorney and discuss your legal options.
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
