Child Custody FAQ

What is Joint Managing Conservatorship?

Texas uses titles of Managing Conservatorship and Possessory Conservatorship, which can be joint or sole. The presumption in Texas is that parents should be appointed Joint Managing Conservatorship. This gives each parent equal rights with a few exceptions; but, does not require equal periods of possession. The traditional order where the child lives with one parent primarily and visits the other parent on a schedule is known as Joint Managing Conservator with the exclusive right to determine residency or “primary parent”.

Is there a standard possession schedule?

Texas has a standard possession schedule which is found on my website under the downloadable forms. This is the presumptive schedule for children three and older. Parents can alter this schedule in any form that works for their situation. There is no presumptive schedule for children under three.

Can we alter the standard schedule?

Parents can still devise a tailored possession schedule. An example of a fifty-fifty schedule can be found on my website by clicking on custody or visitation.

How does first, third and fifth weekends work?

Weekends are determined by the Friday. So, if the Friday is the third Friday of the month, that is the third weekend of the month. If the first day of the month falls on a Saturday, that is not the first weekend of the month as defined by the Texas possession schedule. The first weekend if the weekend following the first Friday. A sample calendar can be found by clicking on ***

How are holidays determined?

Holidays are based upon the school district calendar for the school district in which the primary parent lives. For example, if mother is the primary parent and she lives in Mesquite and dad lives in Dallas, the Mesquite school district calendar applies. If a child is enrolled in private school, the private school calendar applies. If a child is home schooled, the school district where the child primarily lives applies. Various school district calendars can be found on my website by clicking on the custody or visitation button.

At what age do kids get to decide where they live?

Kids never have the final decision on where they live. Once a child reaches the age of twelve; the Court can be required to interview that child to determine the child’s wishes. If the Court believes the child’s wishes are in the child’s best interest; primary possession can be changed on a temporary and final basis.

At what age do kids get to decide not to visit the other parent anymore?

There is no age, by law, that allows a child to decide not to visit. Some Judges have a local policy that they will not force children to visit after the age of fifteen.

Can I move out of state with the children?

It depends on your court order. You can not move out of state with the children while the divorce is pending. Upon divorce, most courts will usually impose a domicile restriction. Generally it will limit establishing a child’s residence to the county in which you live and surrounding counties. It is not mandatory by law but policy in all of the local courts is to impose the restriction.

What rights do children have?

In terms of legal rights to make decisions, children have few, if any, rights. Children have the right to be interviewed by the judge or court social worker. However, children do have rights and the following are some of those rights:

1. The right not to be told derogatory or negative things about my other parent or to hear my parents talk to each other or to third parties in a derogatory or negative manner.
2. The right not to be questioned by one parent about the other parent’s activities, dating life, or financial affairs; not to be used as a spy.
3. The right not to be used as the messenger between my parents.
4. The right not to be bribed or enticed to choose one parent over the other.
5. The right to have some consistency between homes as it relates to discipline, bedtimes, sleeping arrangements, and schedules.
6. The right to participate in extracurricular or school activities and know that I will be able to attend practices, rehearsals, games and performances regardless of which parent I am with.
7. The right to expect the parent with whom I do not live to show up and spend time with me at the court appointed times.
8. The right to expect my parents to be flexible and accommodate my needs in the possession schedule.
9. The right to call the other parent and to receive telephone calls from the other parent at any reasonable time.
10. The right to visit and enjoy both extended families including grandparents, aunts, uncles and cousins.
11. The right to love each parent and spend time with each parent without being made to feel guilty.