When you get a divorce, frequently, children are involved. In Texas, child custody is often referred to as a conservatorship. This conservatorship is in harmony with the group of laws that the federal government has implemented called the Uniform Child Custody Act. This allows for a more uniform custody situation than if each state had its own separate and different laws regarding child custody. Can you imagine what the world of divorce would look like if parents could shop around, get the best state for his or her situation and meet their citizenship qualifications?
FindLaw says that child custody is still a bit different from state to state, but the Uniform Child Custody Act reduces or eliminates conflicts that could occur from state to state. Many times, the court will allow both parents to share custody of the children because this is the best thing for the child. The judge will always put the interests of the child first. This is a good reason to have an attorney by your side who can present the case in light of your contributions.
In Texas, you can choose to file a parenting plan which is basically a proposed custody arrangement and even a visitation schedule. If you go this route, the process may be quicker and easier. If you choose to work collaboratively with your spouse, you may need to have a lawyer involved who can guide you through the process because he or she knows the laws of Texas intimately.
If you and your spouse cannot come up with a custody arrangement the judge in charge of your divorce will make the determination for you. With most states, including Texas, asking the child what he or she prefers will definitely be a deciding factor. Other aspects will include the following:
Will joint custody or joint conservatorship be in the child’s best interest, to include physical and emotional well-being?Will both parents be supportive of the relationship the child has with each of them?Can the parents communicate effectively to help the child grow?How much did each parent contribute to the raising of the child before the divorce?
Don’t be afraid to seek an attorney who can help you get the determination that is best for you and your child.
Source: FindLaw, “Texas Child Custody Laws” accessed Feb. 16, 2015