So what is Joint custody in Texas? When it comes to matters of joint custody, the terminology can be overwhelming and vary from state to state. In Texas, for instance, “joint custody” does not exist; rather we refer to this arrangement as a “joint managing conservatorship”. This means that both parents are assigned conservator status in the case — an individual who is granted certain parental rights and responsibilities. Further still, such custodial situations may also comprise what folks here often call SMC or “sole managing conservatorships”. To put it simply: when you hear Texans speak about joint-custody arrangements they’re often referring specifically to JMC’s!
As a conservator, you have the authority to make legal, lifestyle and other daily decisions for your child. Such choices involve:
- Where the child goes to school;
- What religion the child worships;
- What sports the child engages in;
- How the child reaches his or her doctors’ appointments;
- What food the child eats;
- Whether the child obtains medical care; and
- Any other parenting decisions.
When both parents have joint custody, they are expected to make decisions together. Still, in some cases courts provide clarity between what is a shared decision and what should be determined separately; for instance, one parent might have the sole authority over educational choices.
In any decision-making process, the court always puts the child’s best interest first. When it comes to establishing a Joint Managing Conservatorship (JMC), however, things can get tricky; just because both parents are joint managing conservators does not necessarily mean that they will have equal access and custody of their child. In Texas specifically, this is determined by an individual visitation schedule called Standard Possession Order (SPO). This type of arrangement would be seen as joint physical custody in other states.
Keep on reading for more information about what is Joint custody in Texas?
Obtaining a Joint Managing Conservatorship in Texas
When you are married to or live in the same household as your child’s other parent, you automatically have joint custody. Such a case means that both parents equally share rights and obligations for the raising of their children without any interference from the law. If however, either one of them does not reside with each other anymore; they might already possess a JMC (Joint Managing Conservatorship) plan which Texas law often defaults to due to its belief that a child should be surrounded by both his/her parents at all times.
Joint custody is the default for parents who are unable to come to an agreement on their own, but there are exceptions. If a court grants one parent Sole Managing Custody (SMC), then no joint custody arrangement will be granted. This may occur in extreme cases where it’s deemed necessary, such as if the other parent:
- Violent,
- A drug addict,
- Incarcerated or a patient in a mental hospital,
- Absent from the life of his or her child, or
- Is otherwise unsafe to have in the life of his or her child.
What Factors Do Texas Courts Use in Granting Joint Custody in Texas?
According to the Texas Family Code, it is public policy to prioritize a secure and peaceful environment for children that offers continuous communication between both parents. Furthermore, the law further encourages parents post-separation or dissolution of marriage to continue fulfilling their parental responsibilities in order for them to be best placed for interacting with their child.
Courts usually begin by assuming that parents should be sharing parental responsibilities. But what elements are the most crucial in determining how joint custody orders will be created? Primarily, the court only approves of a shared parenting arrangement if it is beneficial for the child’s well-being. That’s paramount.
Additionally, they take into consideration each parent’s ability to communicate with one another and collaborate on raising their child as well as any instances of domestic violence which could prevent one party from obtaining joint guardianship rights over their kid(s).
What is Joint Legal Custody?
Referred to as shared parental responsibility or legal custody, joint legal custody grants both parents the right to make significant decisions that will have a lasting impact on their children’s lives. This includes choices regarding education, primary doctors and therapists, and medical care options for the child.
With both parents granted access to their children’s education, health and other records, joint legal custody has been shown to have positive impacts on the wellbeing of youngsters in comparison with sole legal custody. In most regions, it is either assumed or preferred over exclusive legal guardianship when deemed beneficial for the child’s best interest. Sole custodial rights are given only if joint legality appears unnecessary.
When parents come together to make decisions for their child, the benefits are limitless. Open communication between parent and child helps to prevent feelings of isolation or other mental health issues that can arise from a difficult divorce or separation. By working as a team, mom, dad and kid all have an opportunity to succeed!
Allowing joint legal custody allows children to feel treasured and valued by both parents. Whenever a child witnesses their two guardians interact constructively, it teaches them the significance of compromise and conflict resolution skills – qualities that are essential for having healthy self-esteem. Moreover, sharing legal custody decreases parenting burdens as making tough choices can be less daunting when you have support from another parent’s feedback.
FAQs
Q: Can joint custody be granted in Texas?
A: Yes, joint custody is the default for parents who are unable to come to an agreement on their own. However, the court reserves the right to grant one parent Sole Managing Custody (SMC). This may occur in extreme cases where it’s deemed necessary, such as if the other parent has a history of violence, or substance abuse, or is otherwise unsafe to have in the life of the child.
Q: What factors do Texas Courts use when granting joint custody?
A: The courts prioritize a secure and peaceful environment for children that offers continuous communication between both parents. They consider each parent’s ability to communicate with one another and collaborate on raising their child, as well as any instances of domestic violence that could prevent one party from obtaining joint guardianship rights over their kid(s). Ultimately, joint legal custody is given if it is determined to be in the best interest of the child.
Q: Is joint legal custody a long-term solution?
A: Yes! If joint legal custody is granted, it does not mean that a parent will be denied their parental rights or responsibilities. It simply means that both parents have rights and obligations for making decisions regarding their child’s welfare and upbringing. This arrangement can be modified if circumstances change in the future.
Conclusion
Unlike other states, joint custody in Texas is somewhat complex. It is called joint managing conservatorship, which leads to a totally new set of laws to follow. However, it is somewhat theoretically similar. Joint legal conservatorship does not imply the time both parents spend separately with the child, but instead the rights they have for making decisions concerning their child like health care, academic, and legal choices. No matter where you file a custody suit in the U.S., it is normally decided in the best interest of the child. That is the most important thing.
