Child custody can be one of the more complicated areas of Texas family law. People who are ending a relationship but share a child need to be aware of their rights and duties when it comes to custody and parenting time.
Even after the determination as to where the child will reside and the frequency with which they will see the other parent, disputes can arise regarding myriad issues. That includes schooling, medical care, religious upbringing and more.
The first critical step is to understand what the law says about these issues. Being fully aware of the requirements can provide a guideline and avoid problems. When disagreements do come up, it is better to have a firm grounding in the law when trying to resolve them before they escalate. This can be a problem even in parental relationships where they are reasonably amicable. More contentious relationships can be more complicated.
Be aware of parental rights and duties when caring for a child
A parent who has been appointed as the conservator means that they are making decisions on behalf of the child. Often, when there is a family law case, both parents are named as conservators. With that, it must be clear as to the rights and duties involved.
When both are named conservators, the court will say what decisions are made by each parent on their own; through agreement between the parents; or exclusively by a sole parent. In some instances, the court can limit the decision-making rights of a parent. This will be done based on serving the child’s best interests. A parent who has had substance abuse issues or has been accused of domestic violence could have limited decision-making abilities.
Except in cases where the court has decreed otherwise, the parents will have certain rights at all times. For example, if the child is having trouble in school and a parent wants them to be moved to a different class or another school entirely, they generally cannot do so without input and approval from the other parent. The same is true for health care unless it is an emergency. Records must be accessible at each parent’s request.
When a child is with one parent or the other, it is known as a period of possession. Court orders can limit the rights and duties. Otherwise, the parent will oversee the child, be responsible for their care, control, protection and giving them reasonable discipline. They must support the child, provide them with food, medical care, dental care, and shelter. When the medical care or dental care involves what would constitute an “invasive” procedure, both parents must be involved.
Custody, parenting time and decision-making can be difficult
The courts strive to ensure the child has everything they need to live a rewarding life and thrive. That includes making sure the parents understand their responsibilities. Since disputes inevitably arise between parents, it is vital to know the legal parameters for caring for the child.
Whether there are lingering disagreements from the marriage or not, parents need to have a firm grasp of the law in these matters. When the custody and parenting time determination is made, it is wise to be prepared for every eventuality. From the outset, having advice with these areas of family law is key.