In Texas, the custodial parent is called "the sole managing conservator of the child or children" or a “Joint Managing Conservator who has the right to determine the children’s domicile.
”The parent with visitation rights may be referred to as "the possessory conservator of the child or children” or “Joint Managing Conservator without the right to determine the children’s domicile." Often times many laypersons will refer to parents as having “Joint Custody” of their children. Do not confuse “joint custody” with “Joint Managing Conservator”. Please be careful to remember that the “labels” you may be inclined to use are not as important as the actual specific rights and duties given to each parent, or as important as the amount of parenting time each parent receives. Further, there is room for creativity, if you and your soon to be ex-spouse can come to an agreement.
Additionally, there are certain rights and duties that each parent will be given in a divorce, such as the right to consent to elective surgery, choose the educational route for the child or choose mental health counseling/counselors, if necessary. Make sure you are aware of the rights and duties set forth in the Texas Family Code, and which rights and duties best fit each parent. Michael Von Blon will assist you in preparing your case to best maximize your ability to obtain the specific rights and duties that you believe are most important for the development of your child-- emotionally, psychologically, educationally and physically. Further, although there are presumptive guidelines set forth in the Texas Family Code for these issues, realize under Texas case law that the parents, if in agreement, can creatively craft what best fits their family.
A good family law attorney like Michael Von Blon can assist you in creatively crafting an agreement that best fits your family. After all, every family is unique.
Custody Rights For Grandparents
Sometimes children cannot turn to either parent for reliable, safe parenting. In those unfortunate and limited cases, grandparents may be the best caregivers for children in crisis. Texas law makes provisions for grandparents to obtain custody of their grandchildren, under certain limited circumstances. This area of law is constantly evolving, and we encourage grandparents with questions about their legal rights to seek advice immediately. The Law Offices of Michael P. Von Blon focuses part of its family law practice on custody rights for grandparents, including appeals when trial courts deny custody and/or visitation to grandparents.