Divorce Texas Custody

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A separation between two married individuals can lead to settlement of various issues that are associated with their marriage. The issues can be like child custody, property or debt division, alimony and many more. However, the court and the related professionals can play a major role while sorting all critical issues like child custody. Every state has its own set of rules and regulations in order to provide a justifiable decision to the divorcing parties. Similarly, specific divorce laws such as child custody laws in Texas are also defined by the system. This state believes in a presumption that parents should play the role of "Joint Managing Conservators" of the child. In Texas, custody of the children is referred to as "conservatorship". The complete system pertaining to the children's schedule is termed as "parenting plan." Ultimately, the best interest of the child is the most important factor considered by the court while resolving the child custody issue of the case.

Relocation in Case of Divorces

In a majority of cases, the judge mentions in the original custody order that the primary parent should not relocate the child from a specific geographical region. Generally, the court restricts the residence of a child to the present county of residence as well as some neighboring counties.

However, some parents have old custody orders that have not confined the domicile of the child to a specific region. In these cases, the following steps are taken:

• The parent desiring relocation should offer the other parent a sixty days period of notice for his or her intention of relocation.
• The other parent might wish to prevent this relocation. Consequently, this other parent needs to file a motion for a temporary restraining order. This order prevents relocation till a hearing is held.
• During the hearing, the parent desiring relocation must clarify the forceful causes that made him or her think of relocation.
• Some of the forceful causes are as follows:
  • The place of employment is being shifted to a new place
  • The parent cannot find any comparable work at the old location
  • The family of the parent resides at another place and the parent is in need of their help and support
• In some cases, the court doubts that the parent desiring relocation has an aim of interference with the child's relationship with the other parent. In this case, it is obvious that the court would not grant relocation.

Joint Managing Conservatorship in Divorce Custody

The features of this arrangement are as follows:

• The child resides with one parent.
• The child and the other parent follow a detailed and specific visitation schedule. This is called "Standard Possession Order".
• Both the parents share the right of taking decisions regarding the child.
• One of the parents has the exclusive right to specify the primary residence of the child. This right is curbed by a restriction that confines the residence to a specific geographic region.

In Texas, there is a concept of "Agreed Joint Managing Conservatorship". This has the following characteristics:

• None of the parents is labeled as "Primary parent".
• Both decide that the residence of the child must be confined to a specific geographic region.
• The father and mother draft a shared possession schedule of the child.
• The parents may accept an arrangement of joint physical custody. As an example, the child may reside one week with the mother and one week with the father. For making such specific case a successful one, the separation between the residences of the parents and the circumstances should permit so.

Types of Child Custody

The child custody responsibilities are mainly decided as per the circumstances and need of the child. Some common child custody types are:

• Sole custody: This particular custody is mainly ordered when either of the two partners is proven to be completely unfit or unsafe to be in contact with. Therefore, only one parent is given custody responsibilities and is allowed to take all decisions regarding the child. The physical and legal custody is solely given to one specific parent.
• Joint custody: The joint custody situation is mainly resulted where both the parents are given rights to take all essential decisions associated with their child's upbringing.
• Temporary custody: The temporary custody is mainly ordered at the very initial stage of divorce process in order to figure out the best interest of the child. This particular order greatly helps the court for understanding the case. This arrangement usually runs till the final hearing of the case. It is not necessary that permanent custody should be followed by the temporary custody.

The child custody laws in Texas allow the court to order a justifiable and suitable decision about the child custody matter. More emphasis is given to the fact that child upbringing should not get affected even after the legal separation between the parents.

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