Make protecting your children your top priority during your divorce; get custody of your child. If you have been the person who has cared for the child the most during the marriage, make sure you can continue to care for them after the divorce. You need custody. Your divorce decree needs to give you “the right to designate the permanent residence of the child.”
The divorce should be “fair” when assets are being divided. But when dividing a child’s time, or the right to make decisions for the child, don’t worry about what is “fair” for the parents. Worry about what is best for your child. Anytime the other parent tells you to be “fair”, that is a signal that they are thinking about the effect on them, instead of thinking about their child. Texas law requires that the judge divide the child’s time based upon “the best interest of the child”. Treating the parents “fairly” or “equally” is not a consideration. Most children do not view their parents as interchangeable.
Most divorces and child custody orders will say that the parents are “Joint Managing Conservators”. That is because no matter who the child lives with, you both continue to be parents. Both parents have the right to talk to teachers and doctors, and attend events in the child’s life. Both parents should continue to be deeply involved in the child’s life, and to spend a lot of time with the child. Almost all Texas parents can say that they have “joint custody”. That does not mean that they have a 50/50 split of the child’s time.
Most parents are not 50/50 parents during the marriage. Why would they suddenly become 50/50 parents upon divorce? In most households, there is one parent that is more responsible for the child. There is one parent that makes sure that the child has clothes, and eats healthy meals, and gets to school on time. If the child is hurt or upset, who do they want to talk to? We call that parent the “primary parent”. If you have been the primary parent during the marriage, your child needs to live with you after the divorce. That is how you protect your child during your divorce.
If you believe your children would be better off with you, do not hesitate to fight for them! Be sure that you get custody of your child.
Do not agree to a custody or possession schedule that you don’t think is best for your child. What is best for the child needs to be more important than what the parents want.
Almost all Texas parents have “joint custody”. That does not mean that the child’s time is split 50/50. It means that both parents continue to have parental rights, and significant time with their child.
Is it in your child’s best interest to spend 50% of their time with someone whose main motivation is protecting their own ego?
If this is your first Christmas after divorce or child custody order was entered, you may be filled with dread about the upcoming holidays. The children will soon be getting out of school for the Christmas break, and they will be with the “other” parent until noon on December 28th. That first Christmas without them […]
How much does having an affair affect your child custody battle? In other words, if someone cheats, does the other parent get the kids? This is a common misconception. Affairs might not be as important as you think when determining who gets custody of the children. Having an affair does not mean you lose your […]
Read your divorce decree or child custody order. if it doesn’t specifically address passports, you will not be able to get a passport for your child without the other parent’s notarized signature and a copy of the front and back of their driver’s license. If you are the mother and there is no father listed […]
Easter is not one of the holidays divided up in a Texas Standard Possession Order. That means that unless it was specifically written in for your decree, Easter goes to the parent whose weekend it would otherwise be. Since Easter moved around on the calendar, there is no pattern to how it falls in the […]
Can you spank your child in Texas? Reasonable corporal punishment is legal in Texas. In fact, many schools in Texas allow school personnel to spank a child if a parent consents. However, this is a controversial topic. What one parent sees as reasonable, another parent sees as abuse. As a divorce and child custody attorney, […]