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Joint Custody in Texas
In child custody cases, parents or a judge must determine the relationship between each parent and how their children will be raised. Joint or shared custody is a common child custody arrangement where the parents share childrearing responsibilities equally. Joint custody in Texas is joint managing conservatorship (JMC) and is the preferred option of family courts, although it’s only sometimes feasible.
What Are the Forms of Joint or Shared Custody in Texas?
There are two different categories of joint custody in Texas.
Conservatorship: This is considered legal custody and refers to the right to make crucial decisions regarding the children.
Possession/access: This is considered physical custody, and either the parents agree, or the court decides which home will be the children’s primary residence, which parent will have visitation rights, and the visitation schedule.
Are Child Custody Laws in Texas Different for Unmarried Parents?
Child custody laws in Texas for parents who weren’t married are pretty similar to child custody laws for parents who were formerly married to one another; however, there are a few key differences to take into consideration.
- When parents are married to one another, the Texas child custody laws state that paternity is assumed.
- In Texas, when the child’s parents are not married, the mother has automatic custody rights, both physical and legal, over the child.
- Texas child custody laws give unmarried fathers minimal rights—even if the father’s name is on the child’s birth certificate.
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What Are an Unmarried Mother's Rights in Texas?
Texas child custody laws automatically give unmarried mothers physical and legal custody of their children. Texas family courts tend to favor unmarried mothers and often give them preferential custodial treatment over unmarried fathers since there is less confusion surrounding maternity than there is with paternity. Confusion rarely exists about who a child’s mother is, and the court is tasked with making the surest decision possible.
What Are an Unmarried Father's Rights in Texas?
Child custody laws in Texas state that unmarried fathers are required to take legal steps before they can have any specific rights over their children. Even if an unmarried father’s name is on the child’s birth certificate, he must first establish paternity.
An unmarried father can establish paternity in one of two ways:
- By signing an “Acknowledgement of Paternity” (AOP); or
- I am getting a DNA test requiring a cheek swab from the father, mother, and child.
If the child’s mother is uncooperative, an unmarried father will most likely need legal help by way of a court order, and hiring an experienced child custody lawyer for fathers may be necessary.
Once an unmarried father’s paternity has been established, one or both parents must submit a court order to establish custody rights for the unmarried father. This court order requires an unmarried father to have any rights over his child.
How Is Joint Custody Determined in Texas?
Texas family courts prioritize the child’s best interests when determining custody arrangements. If both parents have been deemed fit, the court will often presume joint or shared custody is in the child’s best interest. Multiple factors influence this decision.
What Does Best Interests of the Child Mean?
In Texas child custody cases, custody decisions are based on what is in the child’s best interests, a concept that is the primary guideline for child custody judges. A child’s best interests are served by having a healthy, stable, loving relationship with each parent, which often isn’t possible if one of the parents doesn’t even have access to their child.
To discern the best interests of the child, the court will assess various factors, such as:
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The Child's Health, Safety, and Welfare
Any concerns about abuse or neglect can impact the court’s decision regarding custody. The court will look at any potential dangers or history of domestic violence.
The Child's Emotional and Physical Needs
The courts will not only look at the child’s emotional and physical needs but also each parent’s capability to meet their child’s physical and emotional needs.
The Ability of Each Parent to Promote a Positive Relationship Between the Other Parent and the Child
Courts favor parents who are willing and able to encourage positive relationships between their children and their other parents.
The Proximity of the Geographic Locations of the Parents
When parents live far apart, 50/50 physical custody might not be possible.
The Preferences of the Child
Depending on the child’s age and maturity, the court may consider their desires when making custody decisions. Typically, if the child is 12 years old or older, the court will listen to the child’s expressed wishes.
What Benefits Does Joint Custody Have for Children and Parents?
Joint or shared custody offers many benefits to children and parents, such as:
Both parents can be involved in making important decisions that affect their child’s life, such as educational choices, healthcare, vacation plans, and extracurricular activities.
Children in joint custody arrangements typically have better psychological outcomes than children in sole custody arrangements.
The balanced involvement provided by a joint custody arrangement can enhance a child’s social skills, academic achievement, and emotional well-being.
When parents share parenting responsibilities, it reduces the individual burden, prevents one parent from feeling overwhelmed, encourages open communication and cooperative decision-making between parents, and offers children a more balanced upbringing.
Maintaining an active relationship with each parent can provide children with emotional stability, ensuring they continue to receive love, care, and attention from both parents.
Does Joint Custody Present Any Challenges for Parents and Children?
Joint custody can present some unique challenges for parents and children. These challenges include:
- Adjustment Periods: Children require significant amounts of time to adapt to living in two different homes and transitioning between different environments, routines, and sometimes even schools.
- Logistical Complications: Coordinating schedules, vacations, children’s extracurricular activities, and other commitments can become complex. The geographical distance between each parent’s home can create difficulties with daily logistics.
- Potential for Conflict: If joint custody isn’t managed well, it can lead to conflicts over parenting styles, time allocation, and decision-making.
When parents disagree on shared custody arrangements, it can lead to legal challenges. Experienced child custody lawyers play a critical role in these situations.
Parenting Decisions Affected by Joint Custody
When parents share custody, they each have a say in the significant decisions that affect their children. These decisions include:
- Education
- Healthcare
- Psychiatric decisions
- Religious/spiritual upbringing
What Rights and Duties Do Parents Have Under a Joint Custody Arrangement?
Parents may share parental rights and duties under a joint custody arrangement or joint managing conservatorship (JMC).
Some of the typical rights and duties parents have with shared custody include:
- Discussing issues with any of a child’s medical providers
- Giving consent to medical and dental care and treatment
- Obtaining information about education or healthcare treatment
- Access to a child’s educational, medical, and dental records
- Having their opinion considered in decisions about sports and extracurricular activities
- Making decisions about the child’s education
- The duty to inform the other parent of any significant information about the child’s health, welfare, and education
How is Joint Custody Established in Texas?
Joint custody is established when the parents or a judge has decided on a joint custody agreement.
The custody agreement will cover multiple aspects of a child’s life, including physical custody, visitation rights, decision-making authority, medical care, education, and extracurricular activities.
The process to establish joint custody involves the following:
- Filling out the necessary forms and preparing any required documents
- Filing forms and any necessary paperwork and paying any required filing fees
- Notifying the other parent and giving them a chance to respond
- Collecting evidence that shows factors that the court will take into consideration, such as each parent’s relationship with the child, income, ability to provide a stable, safe home for the child, and the parent’s health
What Happens If You and the Other Parent Can’t Agree on the Joint Custody Arrangement or Parenting Plan?
When parents cannot agree on every point in a joint custody arrangement or parenting plan, they can try mediation to see if they can reach an agreement. If they cannot make a decision, even with the help of attorneys and mediation, the court will step in and make decisions based on the child’s best interests. Texas family court judges play an important role and will ensure the custody arrangement meets state laws and is in the child’s best interests.
In child custody cases, when parents cannot agree on the joint custody arrangement or parenting plan, and both parents are deemed fit, the court tends to presume that joint or shared custody is in the child’s best interests.
Can Anything Be Done If the Other Parent Doesn’t Comply with the Joint Custody Order?
If one parent isn’t complying with or following any of the terms of a joint custody order, the other parent can seek help from the court to enforce custody and visitation orders. A family law attorney experienced with child custody cases can help you understand the options for enforcing custody orders and protecting parental rights, including filing a Motion for Contempt or seeking a Custody Modification Order.
When Can a Joint Custody Arrangement Be Modified?
A Texas family court judge can change a joint custody agreement in a modification case when there has been a “material and substantial change.” Material and substantial changes can include:
- instances of domestic violence
- If one parent isn’t following the custody order
- evidence of neglect or abuse
- one parent relocating due to employment or a change in work schedule
- Drug or alcohol abuse that affects parenting ability
- significant changes in the child’s age and needs
- Anything else that has significantly shifted your family dynamic
If any of these situations apply to you, you may have grounds to request a modification. In Texas, to modify a joint custody order, you’ll file a petition with the court that demonstrates the material and substantial change since the original order and shows that the proposed modification is in the child’s best interests.
How Can a Child Custody Attorney Help with Joint Custody Cases?
Child custody cases can be complex, and parents may need help navigating the child custody laws in Texas. An experienced family law attorney can provide legal advice, support, and representation for every step of the child custody process. It’s essential to talk with a child custody lawyer if any of the following are true:
- Your custody case is contested (You or the other party don’t agree on all points.).
- The other parent has already hired a child custody lawyer.
- You fear for your or your children’s safety and well-being.
- Your child has a disability or special needs.
- The identity of the child’s father isn’t known.
The Compassionate Child Custody Attorneys at Jiminez Law Firm Can Help You Through This Difficult Time with Expert Legal Counsel
Our experienced attorneys are familiar with Texas family law. They can provide guidance and support to create custody agreements that are in the child’s best interests and ensure parental rights are protected.
If you have questions about child custody and support, call The Jimenez Law Firm, P.C., in Denton, Ector, and Midland Counties, or complete our online contact form. We offer consultations in English and Spanish.
