Possession Rights Law in Texas.
In Texas, child custody is governed by a complex set of laws fall under the general category called “possession”. Possession doesn't mean that the child will spend half the time with either parent, nor does it mean that only one parent must make an effort to support their child. What it does mean is that both parents will have to devote their resources to raising their child. Because possession laws organize many different legal processes into one larger heading, possession is better understood when separated into its main functions:
- Sole managing conservatorship: when one parent has custody of a child and most of the rights
- Possessory conservatorship: visitation rights for a child whose other parent has sole managing conservatorship
- Joint managing conservatorship: essentially joint custody with a more equal sharing of rights and duties
Possession, unlike custody, requires provisions regarding where the child lives, and who has access to them. In other words, whichever parent retains the conservatorship of their child has possession over many aspects of their child’s life. Texas child custody laws are used to foster the notion that even though parents might divorce, they both still have a duty and obligation to raise their children, which is what the Standard Possession Order attempts to enforce.
Understanding the specific meaning and purpose of each distinctive point in a Possession Order can be extremely important in reaching informed agreements. Let an experienced attorney guide you through the complexities of family law to ensure you get the results that you deserve - contact us today.
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