Full Custody Is A Myth in Texas Family Law!

When heading into new divorce cases with some Texas parents, divorce attorneys frequently hear their clients requesting full custody of the kids and citing all of the reasons why they deserve it.

What these parents do not understand, which their divorce lawyer will need to explain to them, is that Texas takes a different approach to custody and how it is decided.

Full custody is not a term used by child custody lawyers in Texas, as there is no such thing in the Texas family law code.

There Is No Such Thing As Full Custody In Texas

Though divorce attorneys come across many parents asking for it, there is no such thing as full custody in the Texas family code.

Instead, the family court of Texas and all divorce lawyers refer to conservatorship, in which each parent is normally awarded joint managing conservatorship of the couple’s children.

Based on this law, joint conservatorship simply means that both parents will share in the responsibilities of raising the couple’s children according to the requirements and limitations set forth by the court.

Additionally, although equal conservatorship may be preferred by the court and negotiated by child custody lawyers whenever possible, there is no guarantee of a 50/50 arrangement for care, possession, and parental rights.

How Is Conservatorship Handled In Texas Custody Cases?

Generally speaking, divorce attorneys find that the Texas family code will assign joint conservatorship in most custody cases unless there is a valid reason why this would not be considered beneficial for the child.

Within that arrangement, parents may be awarded more or less in terms of visitation, possession, rights, and other concerns based on the individual circumstances and each child’s needs and relationship with their parents.

Child custody lawyers find that only in a rare few instances will the court ever order sole conservatorship, which is considered necessary only in cases where abuse, neglect, substance abuse, and other problems exist.

Full Custody Is Just A Myth!

Learn more about the myth of full custody in Texas and how conservatorship is handled in this short but informative video from Texas Board-Certified Family Law divorce lawyer Greg Housewirth.

Plan For Joint Conservatorship When Negotiating Custody In Texas

Though many parents may hope to gain full custody of their children in a divorce, a good divorce attorney will educate those parents on the Texas family code and how the idea of full custody is a myth.

Noting this, divorce lawyers recommend that parents instead prepare to accept joint conservatorship and concentrate on negotiating a fair co-parenting plan that follows the family law code.

Discuss this and other custody topics with an experienced child custody lawyer who can help parents compromise on a suitable custody plan that is most beneficial for their children.

Schreier & Housewirth Family Law

1800 West Bowie Street, Suite 200-E
Fort Worth TX 76110

817-587-8095

Gregory L. Housewirth is a Board-Certified Family Law Specialist practicing in Fort Worth Texas. With 30 years of family law experience, Mr. Housewirth has represented hundreds of clients in divorce, custody, CPS, modification, and grandparent cases. In addition, Mr. Housewirth is a qualified family law mediator and a member of Collaborative Law Texas, a practice group dedicated to promoting collaborative divorce in Texas.

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