The Texas Family Code does not offer one parent different rights to a child’s upbringing than the other parent. Unless a parent has a record of violence or remains absent, two ex-spouses may act as their child’s joint conservators, as noted on the Texas.gov website. A judge may name both spouses as Joint Managing Conservators during a divorce proceeding.
With joint conservatorship, you and your ex-spouse may both share in a minor child’s upbringing. You may discuss personal issues and make decisions together concerning your child’s healthcare and education. A court order for joint conservatorship, however, does not include taking physical custody of your child.
When may I have visitation rights or spend time with a child?
A judge may award a possession order during a divorce. This order may provide you with parenting time or a schedule for taking physical custody of a child. Known as “visitation,” Texas laws encourage parents to have frequent contact with their children.
If you could provide a safe and stable home environment, you and your ex-spouse may create a parenting schedule to divide the time spent with your child. The court may, however, intervene if an ex-spouse raises allegations of violence, neglect or abuse.
How may I request sole conservatorship during a divorce?
During your divorce, you may offer the court evidence of your ability to provide a safe environment and act in your child’s best interests. As reported by Brides.com, taking sole responsibility for a child may include showing the court your home and finances. You may also discuss how your child may spend time with his or her other parent.
Both parents have equal parenting rights in the Lone Star State. Without favoring one parent, a divorce may include negotiations for sharing time with children so they may have a positive upbringing.