Who Makes Major Decisions About the Kids After a Divorce?

For divorcing parents, issues of custody and conservatorship can be the most difficult to endure. Splitting a family in two can be heart wrenching for everyone involved, even when there’s no other viable choice. These emotionally charged issues feel compounded when divorcing spouses can’t agree on where or with whom the children will live or who will make important decisions about schooling, religious instruction, extracurricular activities, and more after a divorce. It might feel like a problem that can’t be solved. If that’s the case for you, a San Antonio family law attorney should be your next phone call. Having a San Antonio family law attorney on your side can make a great deal of difference.

It’s vital to understand the types of custody under Texas law:

  • Custody, aka possession and access, refers to where the child lives most of the time. Courts generally decide on custody if the parents cannot agree. Children over age 12 have the option to make their preference known in court.
  • Conservatorship refers to who makes decisions that impact the child’s day-to-day life and future plans.
  • A sole conservatorship means that one parent — usually the custodial parent — makes choices regarding schooling, church, medical and dental care, mental health care, sports or extracurriculars, travel, and more.
  • A joint managing conservatorship indicates that both parents share in the decision-making process.

Texas courts make all decisions in child support and custody cases based on the best interests of the child. That might sound very basic, but it’s important to remember that when it comes to custody and conservatorship, marital issues fall to the background. A cheating spouse, for example, is not automatically presumed to be an unfit parent. Failure to pay child support may be a crime, but it wouldn’t mitigate the rights of the non-paying spouse to see their children as scheduled. Issues regarding custody, support payments, and conservatorship are complex and can vary greatly from one case to the next. That’s why they’re best handled by an experienced San Antonio family law attorney.

A free consultation with Jennifer Espronceda can be arranged by calling 210-504-1514.

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