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Pros and Cons of Joint Custody
One of the most frequently discussed objectives in family law cases involving children is achieving joint custody with your co-parent. The concept of joint custody presents an appealing notion of sharing parental responsibilities evenly. This applies to both child custody disputes and divorce proceedings. Many parents aspire to this arrangement. They see it as the ideal resolution in what can often be a challenging legal process. They envision overcoming personal differences to collaboratively raise their children, focusing on what’s best for them. In this article, we’ll explore the pros and cons of joint custody. This will help us better understand its impact on families and assess how this arrangement might influence family dynamics.
In many cases, this is exactly what happens. Despite your differences and your shared histories when it comes to parenting, you and your co-parent are fully capable of making decisions and working towards the best interests of your children. This may mean putting aside your ego, resentment towards the other person, or even your past. You must make decisions that are in the best interests of your kids. This is not always easy. However, parents agree that doing what is best for their children matters most in situations like this. Today, we will delve into the pros and cons of joint custody to understand better how it impacts families.
The Presumption of Joint Custody in Texas Family Law
It is also true that the most likely outcome of your child custody or divorce case will be that you and your co-parent will share custody of your children. This is commonly referred to as joint custody. This is not by accident. The presumption in Texas family law cases is that it is in the best interests of a child for their parents to share custody through a joint managing conservatorship. Being a conservator means you have specific rights and duties concerning your children. These include providing your child with a place to live, financial support, and access to education and healthcare when needed.
Being named as a conservator of a child entails certain rights. For instance, two of the most important rights regarding your children are the rights to make decisions about their education and health. These responsibilities may involve deciding where your child receives medical care. You might also need to determine whether to proceed with elective surgeries. Additionally, you will decide on academic placements, such as repeating a grade or enrolling in gifted and talented programs. Amidst the complexities of a family law case, prioritizing these conservatorship rights and duties is crucial.
Exploring the Pros and Cons of Joint Managing Conservatorship in Texas
In today’s blog post from the Law Office of Bryan Fagan, we are going to walk you through some of the pros and cons of being a joint managing conservator in Texas. Depending upon your specific situation a joint managing conservatorship may not work out best for your children or you. With that in mind, we wanted to share with you our thoughts on this subject that we have gained through years of representing and serving our neighbors here in Southeast Texas.
If you have any questions after reading today’s blog post, please don’t hesitate to contact the Law Office of Bryan Fagan. We want to provide you with the opportunity to meet with one of our experienced family law attorneys. This meeting will allow you to ask questions, seek clarification, and receive information about your specific circumstances. These consultations are free of charge. You can meet with one of our attorneys at our numerous Houston area locations as well as in San Antonio consultations are also available over the phone and via video. Whatever works best for you we are here to meet you where you are.
Joint managing conservatorships
When it comes to family and parenting structures after family law cases, the presumption in Texas is that a joint managing conservatorship is best. The reason for this is that Texas courts believe children do best when they can interact with both of their parents on an ongoing basis over an extended period. This means that if your case reaches a family court judge, the court will typically award both you and your co-parent joint managing conservatorship rights and duties. Here’s what that could mean for your family moving forward.
First, joint managing conservatorship assumes that you and your co-parent will make decisions together that are in the best interest of your child. These determinations of best interest will be crucial to how you and your co-parent raise your child. If both of you can set aside your differences and focus on your child first and foremost, the joint managing conservatorship will work well. However, if you approach your case as two parents who will never work together and always push for what you think is best for the child, managing a joint conservatorship will be difficult.
Pros and Cons of Joint Managing Conservatorship
One challenge associated with joint managing conservatorship is that it forces both parents to share decision-making responsibilities for their child. In many situations, both of you must agree on anything related to your child’s health or education. This requirement arises because jointly held rights and duties mean that both of you must agree on a particular issue regarding your child. Exclusive rights are rare in joint managing conservatorships. This means it is uncommon for only you or your co-parent to have the right to make decisions about your child. There are some independent rights and duties for joint managing conservators but those are few and far between. Most of the rights that you hold concerning your child will be jointly held.
Put yourself in the position of a parent who is going through a divorce. Your first impression of the divorce may be that you are finally going to end a bad marriage and be able to move on with the rest of your life. This can be a fulfilling and rewarding experience even though it might not be all that fun in the moment. However, bear in mind that just because you are ending a marriage does not mean that your relationship with your spouse will come to an end. On the contrary, your relationship with your spouse will continue but in a different way.
Navigating Co-Parenting After Divorce
Namely, the two of you will be beginning your time together as co-parents of your minor children. This new relationship is in many ways more important than your marriage even was. Now, you will face the challenge of parenting your children in separate households, which can be even more daunting than co-parenting with your spouse.
This does not mean that it is going to be impossible for the two of you to parent your children together. However, it implies that there will be challenges associated with co-parenting that both of you need to address together. This does not mean that both of you must agree on everything. However, it does require you to consider what is best for your child rather than focusing on what either of you wants first and foremost.
Next, thinking about how you want to assign rights and duties in your family law case is crucial. While joint managing conservators often do share rights and duties on a somewhat equal basis, that does not necessarily mean that all rights and duties will be shared exactly down the middle. Specifically, two aspects of conservatorship arrangements are not going to be equal between you and your co-parent. Specifically, I am talking about the right to determine the primary residence of your children as well as the right to receive child support. These are two of the most contentious issues in a divorce or child custody case.
Determining the primary residence of your child
One of the most sought-after rights that a parent can have in a conservatorship arrangement is the right to determine the primary residence of their child. If this is something that appeals to you in your case, then you need to know what this means and what impact it can have on your family. Simply put, when you can determine the primary residence of your child that means you can have your child live with you primarily. If nothing else, this allows your child to be able to spend more time at your home than that of your co-parent.
Determining Your Child’s Primary Residence: A Key Consideration
If your child is school-aged, then your child will be at home with you on school nights. You should examine your situation and determine whether this is a goal that matters to you and your family. I know that for many families the ability to determine the primary residence of a child is one of the most if not the most important in sought after part of it case. For some families who plan on splitting custody almost exactly down the middle, the ability to determine the primary residence of your child may not be an important issue at all. However, for other families, this may be an incredibly important part of a divorce and could end up being the reason why you and your co-parent are unable to settle your case.
You should know that your child wanting you to be the parent who determines their primary residence does not guarantee anything. Depending on your child’s age, they may not even have the opportunity to share that information with the family court judge. Even if your child is a teenager and can express their thoughts to the judge, that is not the only factor the judge will consider. The judge will evaluate various aspects when determining who has the right to decide your child’s primary residence.
Creating a Predictable Schedule with a Standard Possession Order
Determining the primary residence of the child usually comes in conjunction with a standard possession order. A standard possession order creates a possession schedule for your child that is predictable from week to week and month to month. The hallmarks of a standard possession order are likely very familiar to you. For instance, if you are a parent who does not have the right to determine the primary residence of your child, then you will be able to have visitation rights to your child. These visitation rights are marked by possession on the first, 3rd, and 5th weekends of each month.
There is also such a thing as an expanded standard possession order which allows you to take possession of your children beginning on Thursday evening and ending on Monday morning on the first, 3rd, and 5th weekends of each month. What this allows you to do is have two more nights per weekend with your child. Over a year this greatly evens out the time discrepancy shared by you and your co-parent. If you are a parent who does not believe that he or she can win primary custody of the children, the next best thing may be an expanded standard possession order. Be sure to talk with your attorney about this to determine whether or not this can be an arrangement for you and your family.
Is a joint managing conservatorship a good thing or a bad thing for your family?
When the dust settles, you and your co-parent are the ones who know best how to approach this subject when it comes to your family. Just because a standard possession order, joint managing conservatorship, or any other arrangement that is common to a Texas family law case seems to work well for other people does not mean that it will necessarily be that way for you. On the contrary, you need to decide whether the type of setup we described in today’s blog post would benefit your family. If it does not, you should go back to the drawing board. Work hard to negotiate a better arrangement for your family.
What we like to talk to our clients about is the human side of a family law case. This means that determining what to do in your family law case is not as simple as reading a blog post or performing a mathematical calculation. While there is trustworthy information on the Internet regarding family law cases and joint managing conservatorships, it doesn’t address your specific circumstances. Your family may have different situations. Therefore, a sole managing conservatorship or a completely different arrangement might work better for you.
Choosing a Sole Managing Conservatorship When Co-parent Involvement is Limited
A sole managing conservatorship may work better if your co-parent has never played a significant role in your child’s life and is only now taking their responsibilities more seriously. Your co-parent may have good intentions but lack experience in raising a child. In that case, helping your co-parent ease into a relationship with your child could be beneficial.
Alternatively, your co-parent may have had a difficult past with your child. They may not be trustworthy at this time for several reasons when it comes to making decisions on the child’s behalf. In this situation, a sole managing conservatorship could also work well for your family.
Above all else, consider what is in your child’s best interests. This may not align with what you want to see happen. While we often believe our goals match our children’s best interests, differences can arise for various reasons. If you step back and assess the situation based on what benefits your children, you will almost always arrive at the right conclusion for your family.
Conclusion
Understanding the pros and cons of joint custody is crucial for parents navigating family law cases. While joint custody offers the benefit of shared parental responsibilities, it also promotes active involvement from both parents. However, it presents challenges, such as the need for effective communication and coordination. Weighing these factors helps parents make informed decisions about the best arrangement for their children. Ultimately, the goal is to ensure that the children’s needs are met and that both parents can contribute positively to their upbringing.
By carefully considering the advantages and potential drawbacks of joint custody, families can strive for an arrangement that supports their unique circumstances. This approach fosters a healthy environment for their children.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as about how your family’s circumstances may be impacted by the filing of a divorce or child custody lawsuit.
Other Articles you may be interested in:
- What is joint custody?
- Step-Parent Rights and Responsibilities in Joint Custody Cases
- Understanding joint custody in Texas: A comprehensive guide
- Does anyone pay child support in joint custody?
- The Reality of Child Custody: Joint Managing Conservatorships in Texas
- What does being a joint managing conservator mean in a Texas family law case?
- Texas courts prefer to award parents joint custody in family law cases
- Joint Custody and Child Support in your Texas divorce
- Do I Have to Pay Child Support if I Have Joint Custody of My Child in Texas?
- Joint Managing Conservators in a Child Custody Case in Texas?
- Methods of communication for divorced parents
- Navigating Joint Custody: The Power of Flexibility and Patience
Frequently Asked Questions (FAQs)
Joint custody can be challenging when coordinating schedules, communicating with your co-parent, and potential conflicts arise. It may also lead to a lack of a consistent home environment for the child.
Texas courts often encourage joint custody, but the final decision depends on what’s in the child’s best interests. It’s not an automatic preference.
In 50-50 custody arrangements, child support may still be required based on the income disparity between the parents. The court considers various factors when determining child support.
Getting joint custody in Texas depends on individual circumstances. Courts typically favor arrangements that benefit the child’s well-being and encourage co-parenting cooperation.
The best custody arrangement for a child varies case by case. It should prioritize the child’s safety, stability, and emotional well-being. Joint custody can be beneficial if parents can cooperate effectively.
Surviving joint custody requires open communication with your co-parent, a focus on your child’s needs, and a willingness to adapt to changing circumstances. Support from family and professionals can also be valuable.
The parent with the higher income may still have to pay child support in joint custody situations to ensure the child’s financial needs are met.
Courts typically grant full custody when they deem it to be in the child’s best interests, often based on factors such as abuse, neglect, or parental unfitness. However, Texas courts usually encourage shared custody whenever possible.
Shared custody arrangements, where parents divide time and responsibilities, are common in Texas. Courts aim to promote the child’s strong relationships with both parents.
