December 05, 2009
/24-7PressRelease/ --
New Law May Lead to Less Acrimonious Child Custody Disputes in Texas
Article provided by Kerr & Hendershot, P.C.
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www.k-hpc.com
Child custody has long been the focus of many fiercely contested divorce disputes in Texas. A recent change in Texas law has eliminated a requirement that has often hindered the speedy settlement of these issues.
A fundamental basis of Texas family law is the belief that children benefit when both parents are involved in their upbringing. To this end, Texas courts assume that the best interests of children are served when both of their parents are named as joint managing conservators after a divorce. As joint managing conservators, parents share the responsibility for decision making with respect to their children's education, religious study, medical treatment and other major life decisions.
Under Texas law, any joint managing conservatorship plan must designate, among other things, the primary residence of the children. Until recently, the power to make this decision could only be held by one parent. That is, a court could accept a joint managing conservatorship plan suggested by the parents only if the plan designated which parent would determine the child's primary residence. That parent generally became primary caretaker of the child and the other parent became what some refer to as the noncustodial parent.
It is easy to see how this requirement often became a stumbling block to settling a divorce: even if the parties were in agreement on other issues, courts could not approve their proposed plan unless it designated one parent the power to determine where the children would primarily reside.
In 2009, the Texas Legislature amended the law governing joint conservatorship. As the law now stands, if the parents agree where their children will live, there is no need for one of them to be named as the holder of the exclusive right to designate their children's primary residence. So long as other statutory criteria are met, the joint managing conservatorship plan need only state that the child's primary residence will be within a specific geographical area.
An agreement by parents regarding the residence of their children is generally preferable to a stranger making the decision, even if the stranger is an experienced family law judge. This recent change in Texas law could reduce conflict and make it easier for parents to agree on joint managing conservatorship plans.
If you are contemplating a divorce, an experienced family law attorney can explain your rights and help you protect your interests.
Article provided by Kerr & Hendershot, P.C.
Visit us at
www.k-hpc.com---
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