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Family Law
Love, Family, Marriage, Childern 
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MANAGING CONSERVATORSHIPI have heard of the term "joint managing conservatorship" what does it mean? Does this mean that my spouse and I will have the child(ren) for an equal amount of time?Child custody proceedings can begin when a person files for a determination of paternity, a divorce petition or for a change in custody. Texas Family Code assumes that both parents are equally capable of raising children. The term "joint managing conservatorship" was established to grant both parents the same basic rights and responsibilities in raising their children. The family code does allow for some flexibility concerning what constitutes "joint managing conservatorship". Rights and responsibilities do not have to be necessarily exactly equal between parents and can be tailored to fit your particular circumstances. Courts are always concerned with the best interest of the child when making a custody determination. Public policy dictates that it is always in a child's best interest to have active involvement of both parents in child rearing, unless there are extenuating circumstances to rebut this presumption. This does not mean that both parents will be spending equal time with the children or that one parent will not be entitled to receive child support. It is very unusual that a judge would award a custody order that allows both parents to have a possession schedule that gives equal time or access to the child. Parents would have to demonstrate, among other things, that their ongoing relationship, living circumstances and age of the children would make it appropriate to divide time equally between the parents and forego standard child support. Most often, when parents are granted joint managing conservatorship, it means that the children will live with one parent who will have the exclusive right to determine where they live (primary custody), make the final decisions on religious and educational choices and receive guideline child support. (See the section on "Child Support" for a more detailed discussion regarding state guidelines.) Access or time spend with the child would be dictated by a "standard possession schedule". A "standard possession schedule" applies to children over three years of age and spells out exactly when each parent will have time with the children. The schedule basically states that if the parents cannot come to an agreement regarding when each one will spend time with the children, then they must abide by the terms of the "standard possession schedule". Generally, the parent who does not have primary custody, is entitled to overnight visitation with the children every 1st, 3rd and 5th Friday of each month and ending the following Sunday and weekly Thursday evening visitation during the school year. The schedules also allows for parents to alternate major holidays such as Thanksgiving and Christmas and extended summer visitation with the non-custodial parent. Hence, it is important to discuss with your attorney any special circumstances that might require a departure from the standard visitation and support guidelines. |
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