Texas Child Joint Custody Laws

Joint custody is ordered in Texas if it's in the best interest of children.

When a couple separates, either one or both parents may usually retain custody of their children. Custody entails being able to make major decisions about your children. In Texas, as in other states in the U.S., child custody legislation is aimed at doing what is in the best interest of children, and courts generally award joint custody if possible, except under certain legally defined circumstances.

Determining Custody

In Texas, courts seem to agree that having a healthy relationship with both parents is the best situation for children. Courts encourage parents to agree to joint custody outside of the courts, but in cases of disputes, courts will decide and will award sole custody only if it can be proven that shared custody would be injurious to the children. Sole custody is typical in cases involving a history of neglect, domestic violence or sexual abuse by one parent. There are two different types of joint custody available in Texas.

Joint Managing Conservators

This kind of joint custody allows parents in Texas to share the decision-making powers regarding children and gives each parent all legal rights and powers of a parent in the state. Unless the safety of children is in question, this kind of custody is guaranteed to Texas parents by law. In certain circumstances, specific decision-making powers may be designated to only one parent even in situations of joint managing conservatorships. Additionally, this type of custody has nothing to do with the physical placement of children.

Physical Custody

Joint physical custody is when children spend equal time or nearly equal time with both parents. It is not legally guaranteed to parents within the state, and is rarely ordered by courts unless both parents agree to it and parents live within a close proximity to each other. Children over the age of 12 may request physical placement with a particular parent, though it is ultimately up to courts to decide physical custody.

References

• Texas Family Code: Uniform Child Custody Jurisdiction and Enforcement