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Barbara L. Jouette, Attorney, P.C.
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The basics of Texas custody laws

Fighting for child custody in a divorce is often one of the bitterest battles of the entire ordeal. Texas is different than many states in that custody is called a "conservatorship." In addition, the parent who wins the battle is not named the custodian, but rather the conservator. Like traditional custody, conservatorships come in two varieties: sole and joint.

Texas courts generally see joint conservatorship as favorable. In this kind of arrangement, the parents are given the same rights as married couples when it comes to the children. They make decisions together. In some cases, one parent may be given more responsibility than the other, depending on what is best for the children.

In a sole conservatorship, one parent is responsible for the general rearing of the children. They decide where to live, medical and educational preferences and other rights generally shared by married parents. In addition, the sole conservator receives child support.

While this is seen as less favorable, sole conservatorship can happen for a variety of reasons. Essentially, if one parent is seen as being unfit due to neglect, abuse, drug use or other reasons, they will not be granted any custody. If there is also major conflict between the parents of how the children should be reared, it will often be resolved via sole conservatorship.

While Texas may have different names for legal situations, they are typically the same as those found throughout the country. Anyone who is experiencing a divorce in the Dallas area and needs legal advice may wish to contact a family attorney.

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