What Happens if Parents Cannot Resolve a Custody Agreement?
Are you a parent who is going through a complex custody dispute? You may feel stressed out and overwhelmed. This raises an important question: What if you and your co-parent cannot agree on custody? The short answer is that a Texas court will decide if the parents cannot agree. Here, our Pearland child custody lawyer provides an overview of what happens if parents cannot agree on custody in Texas.
Texas Does Not Use Term ‘Child Custody’
It is helpful for parents to understand the official terms used in custody cases. In Texas, family law does not use the term “ child custody” as it is commonly understood. Instead, the state refers to this concept using “ conservatorship” and “ possession and access.”
- Conservatorship relates to a parent’s rights and responsibilities, such as making decisions about the child’s education, healthcare, and religious upbringing.
- On the other hand, possession and access govern the parent’s physical time with the child.
A Court Will Make the Decision if Parents Cannot Agree on Custody
Texas gives divorced/separated parents considerable latitude in reaching their custody agreement. However, an agreement is certainly not always possible. When parents cannot come to an agreement on conservatorship, possession, and access, the decision will ultimately rest with the court.
Note : Litigation can be lengthy, quite expensive, and emotionally draining. Therefore, parents in Texas are encouraged to try mediation or other dispute resolution methods before litigation.
The Best Interests of the Child is the Standard for Custody Disputes
Under Texas law (Tex. Civ. Prac. & Rem. Code Sec. 153.002), the best interests of the child standard will be used to resolve any custody case. A wide range of factors are evaluated—from the child’s physical and emotional needs to the stability of each parent’s home environment to the willingness of each parent to cooperate in fostering a positive relationship with the other parent. Further, other issues, such as a history of domestic violence or parental neglect, may be significant factors. Ultimately, the goal is to develop the best custody arrangement for the child.
Some Form of Shared Parenting is Strongly Favored in Texas
Texas courts favor arrangements that allow both parents to play active roles in their child’s life. Joint managing conservatorship is often the preferred outcome unless one parent poses a risk to the child’s well-being. While shared parenting does not always mean an equal division of time, it does involve both parents contributing to significant decisions and maintaining a relationship with the kid(s).
Contact Our Pearland Child Custody Attorney Today
At The Powell Law Firm, our Texas child custody lawyer has the experience you can trust—even in high-conflict cases. If you have any questions about a custody dispute, please do not hesitate to contact us today for a confidential initial case review. With a law office in Pearland, we provide custody representation throughout Southeast Texas.
