Mistakes that Parents Too Often Make in Custody Cases in Texas

In Texas, the official legal term for custody is “conservatorship.” The concept of when each parent has the child is generally addressed through “possession and access.” Conservatorships and possession and access are resolved under the best interests of the child standard in Texas. Too many parents make avoidable errors when trying to navigate the stress and confusion of these cases. Within this article, our Houston child custody lawyer highlights four common mistakes that parents too often make in Texas.

Mistake #1: Assuming “Joint Custody” Always Means Equal Parenting Time

Texas uses the term joint managing conservatorship, but that does not automatically mean a 50/50 possession schedule. In other words, parents can have joint custody (joint legal custody) without having equal parenting time. Indeed, such an arrangement is relatively common. Joint managing conservatorship generally means that both parents share certain rights and duties regarding the child. The court may still give one parent the exclusive right to designate the child’s primary residence, subject to a geographic restriction. The court may also order a possession schedule that gives one parent substantially more time than the other. Texas law starts from the child’s best interests, not from a presumption that parenting time must be mathematically equal.

Mistake #2: Ignoring the Importance of a Standard Possession Order

Many parents underestimate the importance of the Texas Standard Possession Order. Under the Texas Family Code, the Standard Possession Order often serves as the default schedule for parents who live within a reasonable distance of each other. It addresses weekends, Thursdays during the school year, holidays, summer possession, spring break, and other recurring periods. A parent who wants a different schedule should be prepared to explain why a deviation better serves the child’s best interests.

Mistake #3: Treating Temporary Custody Orders Like They Do Not Matter

Temporary orders can shape the entire case. In a pending Texas custody dispute, the court may enter temporary orders governing conservatorship rights, possession, child support, communication, exchanges, use of the home, and decision-making authority while the case is pending. Parents sometimes assume those orders are merely short-term and can be fixed later. In reality, temporary orders may create a practical status quo.

Mistake #4: Using the Child as a Messenger 

Texas courts are focused on protecting children from parental conflict. A parent who pressures the child, discusses litigation with the child, records the child, asks the child to report on the other parent, or uses the child to carry messages may create serious problems in the case. Parents in Texas should do their best to spare their children from conflict. 

Call Our Houston, TX Child Custody Lawyer Today

At Lindamood & Robinson, P.C., our Houston child custody attorney is a knowledgeable, experienced advocate for parents. If you have any questions about your rights or your options, we are here to help. Please do not hesitate to contact us today to set up a confidential initial appointment. With an office in Houston, we provide custody representation throughout Southeast Texas.

Source:

texasattorneygeneral.gov/child-support/families-and-parenting/parenting-time-overview/parenting-time-schedule/50-miles-apart-or-less