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Joint Managing Conservatorship in Texas

How Our Houston Family Law Attorneys Can Help

A divorce can be an emotionally overwhelming experience, especially for children. The inevitability of the permanent separation of the family unit results in many questions, including where will they live and who will mainly take care of them? Child custody disputes are generally the most sensitive matter in divorce because the future of the family is determined by the terms of the final agreement.

If you and your spouse are vying for primary custody of your child, the Houston family lawyers of The Law Office of Bryan Fagan, PLLC can help you create an effective and personalized case by listening to your concerns, as well as protect your rights and best interests throughout the legal process. Since the most important thing is the best interest of the children, the firm wants to convince the judge that you are the better-suited custodial parent.

What is a Joint Managing Conservator?

In most cases, Texas courts award both parents joint managing conservatorship, which means they share decision making on most issues, such as deciding on the child’s education, consent to a child’s medical care, determine the child’s religious beliefs, etc. While the courts encourage regular communication and contact with both parents, only one will be given exclusive right to decide the child’s primary residence—with the court determining the specific geographic area.

It is imperative to understand joint managing conservatorship doesn’t always result in completely equal rights and duties owed to their child. The court has the discretion to name and limit the rights and duties of each parent.

The child will live with the custodial parent, while the noncustodial parent has the right to access and possession to the child according to the standard possession order (SPO), which sets the schedule for each parent’s time spent with the kid. This is similar to visitation in other states.

Regarding joint managing conservatorship, the judge will consider the following factors, which are also aligned with the best interests of the child:

  • If joint managing conservatorship will benefit the child’s physical, mental, and emotional needs and the child’s development
  • If each parent can make decisions and cooperate with the other for the benefit of the child’s best interests
  • If each parent can encourage the child to have a positive relationship with the other parent
  • The primary residence of each parent
  • The child’s own decision, if he/she is at least 12 years of age
  • All other relevant factors

Call (281) 810-9760 to Discuss Your Case Today!

Our team of experienced lawyers can work out a custody plan which works best for you and your kids. Whether we can mediate the terms of the custody order or go through the court litigation process, the firm can help you start a new life as a parent.

For more information about child custody matters in Texas, contact us and request a free consultation today.

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