Ending relationships is often difficult for individuals to do, even when both parties know that it needs to happen. While in many cases this decision leads to each party walking away and moving on with their lives, this usually is not an option when the relationship that is ending produced children. In fact in those cases rather than ending, the relationship instead changes. This can be a difficult transition.
Children introduce additional matters that will need to be addressed besides the division of property and debt. In fact, for some, determining the custody and visitation arrangement is more important than who gets the house. Accordingly, working through the process and settling on a plan is an extremely stressful process. In this post we will cover some of the things that someone in this situation might face.
The first thing is that in the state of Texas, there is a presumption that the parents will be joint managing conservators. Parents named as joint conservators will need to work together in the best interest of the child regarding matters such as education, health and the child’s welfare. Accordingly, each will have access to relevant records and be able to discuss matters having to do with these issues with those in charge.
While this is the place the judge starts, in certain circumstances–such as the lack of a relationship with the child or a history of domestic abuse–the conservatorship (rights to possess a child) may be altered. In these situations there will be a primary managing conservator and a non-custodial parent and a standard possession order will need to be drafted. Among other things the order will outline custody and visitation matters connected to:
When determining how these events will be handled, the best interest of the child will always be the focus.
Most would likely agree that parents working together is in the best interest of a child. Since that is not always easy to do, for assistance in that endeavor, many find it beneficial to work with a lawyer who handles family law matters.