As legal professionals, we understand the intricacies involved in joint managing conservatorship and the nuances of custody orders. In Texas, it is common for joint managing conservators to assume equal possession of the child, but this is not always the case. In this article, we will explore the circumstances in which joint managing conservators may have unequal possession and how it can be achieved.
Overview of Joint Managing Conservatorship in Texas
In Texas, joint managing conservatorship is a legal term used to describe parents who share the rights and duties of raising their child. This type of conservatorship is typically preferred by courts as it allows both parents to remain involved in their child’s life. Joint managing conservatorship is presumed to be in the best interests of the child unless there is evidence to the contrary.
Equal Possession of the Child in Joint Managing Conservatorship
It is often assumed that joint managing conservators in Texas have equal possession of the child. However, this is not always the case. In fact, the Texas Family Code specifically allows for joint managing conservators to have unequal possession of the child.
How to Achieve Unequal Possession of the Child
To achieve unequal possession of the child, the joint managing conservators must include a possession order in their custody agreement. This order will specify the exact times that each parent will have possession of the child. It can be crafted to allow one parent to have more possession time than the other or to specify a schedule that is not equal.
It is important to note that the court must still find that the possession order is in the best interest of the child. The court will consider a variety of factors, such as the child’s age, the child’s relationship with each parent, and the living arrangements of each parent.
Creating a Possession Order
When creating a possession order, it is important to be as detailed as possible. The order should include specific times and dates that each parent will have possession of the child. It should also outline how holidays and special events will be handled. It is important to be flexible and considerate when creating a possession order to ensure that it is in the best interest of the child.
At The Blacknall Firm, we have extensive experience and expertise in handling custody cases in Texas. Our team of attorneys is well-versed in the complexities of custody disputes and is committed to providing exceptional legal representation to help you achieve the best possible outcome for you and your family. If you are involved in a custody dispute, contact us at 214-678-9111 to schedule a consultation with one of our skilled attorneys.
