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7 FAQs about child custody during a Texas divorce

On Behalf of | Jul 15, 2023 | Blog, Child Custody

Divorce is never a simple process, and when you add child custody into the mix, it becomes even more complex. In Texas, many rules and regulations guide the child custody process during a divorce.

There are many questions that can arise during this challenging time. Here are answers to some of the most common questions about child custody during a Texas divorce.

1. What types of child custody does Texas recognize?

In Texas, the courts recognize two types of child custody – conservatorship and possession and access. Conservatorship refers to the decision-making rights and duties of a parent, while possession and access pertain to the actual physical custody of the child.

2. How does the court decide on child custody?

The court takes into account the best interests of the child while making a custody decision. Factors such as the child’s emotional and physical needs, the parents’ abilities to meet these needs and the existing relationship between the parent and the child all play into the court’s decision.

3. Can the child choose the parent they want to live with?

A child who is 12 years old or older has the right to express a preference about which parent they want to live with in Texas. However, the final decision is still up to the judge, who will consider the child’s best interest.

4. What does joint custody mean?

Joint custody, or joint managing conservatorship, means that both parents share the rights and responsibilities of raising their child. However, this does not necessarily mean that the child spends equal time with both parents.

5. Can you modify a custody order?

You can modify a custody order if there has been a significant change in circumstances. This could include changes in the child’s needs, a parent relocating or a shift in a parent’s ability to care for the child.

6. What happens if a parent violates a custody order?

If a parent violates a custody order, it can lead to serious legal consequences. This could include fines, changes in the custody arrangement and even jail time.

7. Can a parent move out of state with the child?

A parent cannot move out of state with the child without first getting permission from the court. The court will consider the child’s best interest, the reason for the move and the impact on the other parent’s access to the child before granting permission.

Going through a divorce and dealing with child custody issues can be a stressful and emotional experience. By understanding how the process works in Texas, you can make informed decisions and prepare for what lies ahead.


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