Divorce Texas Custody
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This state believes in a presumption that parents should play the role of "Joint Managing Conservators" of the child. In Texas, custody of the children is referred to as "conservatorship". The complete system pertaining to the children's schedule is termed as "parenting plan."
Relocation in case of Divorce Texas Custody
In a majority of cases, the judge mentions in the original custody order that the primary parent should not relocate the child from a specific geographical region. Generally, the court restricts the residence of a child to the present county of residence as well as some neighboring counties.
However, some parents have old custody orders that have not confined the domicile of the child to a specific region. In these cases, the following steps are taken.
- The parent desiring relocation should offer the other parent a 60 days notice about his/her intention of relocation
- The other parent might wish to prevent this relocation. Consequently, this other parent needs to file a motion for a temporary restraining order. This order prevents relocation till a hearing is held
- During the hearing, the parent desiring relocation must clarify the forceful causes that made him/her think of relocation
- Some of the forceful causes are as follows
- The place of employment is being shifted to a new place
- The parent cannot find any comparable work at the old location
- The family of the parent resides at another place and the parent is in need of their help and support
- In some cases, the court doubts that the parent desiring relocation has an aim of interference with the child's relationship with the other parent. In this case, it is obvious that the court would not grant relocation
Joint Managing Conservatorship in Divorce Texas Custody
The features of this arrangement are as follows.
- The child resides with one parent
- The child and the other parent follow a detailed and specific visitation schedule. This is called as "Standard Possession Order"
- Both the parents share the right of taking decisions regarding the child
- One of the parents has the exclusive right to specify the primary residence of the child. This right is curbed by a restriction that confines the residence to a specific geographic region
In Texas, there is a concept of "Agreed Joint Managing Conservatorship." This has the following characteristics.
- None of the parents is labeled as "Primary parent"
- Both decide that the residence of the child must be confined to a specific geographic region
- The father and mother draft a shared possession schedule of the child
- The parents may accept an arrangement of joint physical custody. As an example, the child may reside 1 week with the mother and 1 week with the father. For this specific case to become a success, the separation between the residences of the parents and the circumstances should permit so
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