Our firm is ready to assist you with the process.  Below is a brief discussion of child custody in Texas.

Sole Managing Conservatorship

When one parent is awarded as the Sole Managing Conservator, that parent is granted with the right to make most the decisions related to the child(ren).  The other parent is still granted access by the court order but does not have the same decision making rights.

Joint Managing Conservatorship

When the parents are awarded Joint Managing Conservator, the parents share in the decision making process related to the child(ren).  Even when a Joint Managing Conservator arrangement is ordered, one parent is designated as the “primary” parent to determine the residence of the child(ren).

Managing Conservator:  The managing conservator is the parent who has been ordered with the duty to determine the primary residence of the child.  The managing conservator is the conservator who has “primary” custody.   “Primary” is used here in a very loose way because the goal of “joint” conservatorship is to provide an atmosphere of jointly caring for you child(ren).  The child custody order will spell out the individual duties, rights, and responsibilities of this role.

Possessory Conservator:  The possessory conservator is the parent who is awarded specific times to gain possession of the child as determined by the custody order.  The child custody order will spell out the individual duties, rights, and responsibilities of this role.

Agreed Custody:  The parents can agree to a specific custody arrangement.  The agreed custody will be accepted by the court and will include he custody arrangement in the Standard Possession Order.  If the parties are unable to come to an agreement as to the custody arrangement, the court will order a statutory “Standard Possession Order.”

The “Standard Custody Order” is defined by Family Code Section Chapter 153.

Parents who Reside within 100 Miles:

The Possessory Conservator shall have the right to possession of the child:

1. Beginning at 6:00p.m. on the 1st, 3rd, and 5th Friday of each month.   The possession will end at 6:oop.m. on the following Sunday.   The Possesory Conservator may elect, at the time of the rendition of the order or modification to obtain possession at the end of the regular school day on Friday and will end on the following Sunday.
2. Thursdays beginning at 6:00p.m. and ending at 8:00p.m. The Possessory Conservator may elect at the time of the rendition of the order or modification to obtain possession at the end of the regular school day.

Holidays:  The following times supercede the above standard possession when they are in conflict.

1. Spring Break:  The Possessory Conservator will have possession on even-numbered years beginning 6:00p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00p.m. on the day before school resumes after the vacation ends.   The managing conservator will have possession on odd-numbered years.
2. Summer Vacation:  If the Possessory Conservator gives the managing conservator written notice by April 1 of eacy year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or (B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31.
3. Weekend Election during Summer Vacation:  The managing conservator, by given written notice to the possessory conservator by April 15 of each year, will have possession of the child during one weekend beginning at 6:00pm on Friday and ending at 6:00p.m. on the following Sunday.  The managing conservator will have to pick up the child and drop off the child to the Possessory Conservator.
4. Special Election by the Managing Conservator: The managing consevator may give the possessory conservator written notice and may designate one weekend during the summer vacation (period not before school ends and prior to 7 days before school begins) which would have otherwise been the possessory conservator’s weekend.  This election can not interfere with father’s day if the father is the possessory conservator of the child.

Parents who Reside Over 100 Miles:

1. Either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator’s choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days’ written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable;
2. Each year beginning on the day the child is dismissed from school for the school’s spring vacation and ending at 6 p.m. on the day before school resumes after that vacation if the possessory conservator:
   (A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or
   (B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27;
   (I) if the managing conservator gives the possessory conservator written notice by April 15 of each year the managing conservator shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator described in subsection (A) provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and
   (II) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do not interfere with the possessory conservator’s period or periods of extended summer possession or with Father’s Day if the possessory conservator is the father of the child.