When parents separate or divorce, determining how they will share responsibilities for their children can be one of the most difficult aspects of the process.
Parents in Austin, Round Rock, Cedar Park, Georgetown, Pflugerville, Leander, and surrounding Central Texas communities may have questions about parenting schedules, decision-making authority, and their legal rights.
Texas law provides a framework for addressing these matters, but the outcome of an individual case depends on its particular circumstances.
What Is Conservatorship Under Texas Law?
Texas generally uses the term conservatorship when addressing parental rights and responsibilities.
Courts may appoint parents as joint managing conservators or establish another arrangement permitted by law.
Joint managing conservatorship generally involves an allocation of parental rights and duties. However, it does not automatically require parents to share parenting time equally.
A court order may address which parent has the right to make particular decisions involving education, healthcare, and other important matters.
The specific rights and responsibilities depend on the terms of the order and applicable Texas law.
How Do Texas Courts Determine Parenting Arrangements?
Under Texas Family Code Section 153.002, the best interest of the child is the primary consideration in determining conservatorship and possession and access.
Depending on the circumstances, relevant considerations may include the child’s needs, the stability of each household, parental involvement, safety concerns, and the ability of parents to meet the child’s needs.
Courts may also consider the practical circumstances affecting parenting arrangements.
For example, parents living in different parts of the Austin metropolitan area may face challenges involving commuting, school schedules, extracurricular activities, and transportation.
A parenting arrangement that works for two parents living near one another in Round Rock may require different logistical considerations when one parent lives in Georgetown and the other lives in South Austin.
What Is a Standard Possession Order in Texas?
Texas law provides a standard possession order framework that may apply in many parenting cases.
A standard possession order can address matters such as weekends, holidays, summer possession, and exchanges.
The specific schedule depends on applicable statutory provisions, the child’s circumstances, and the court’s order.
Parents may also seek or agree to alternative possession arrangements when appropriate.
It is important to understand that conservatorship and possession are related but distinct legal concepts.
Conservatorship addresses parental rights and responsibilities, while possession and access concern the time a parent spends with a child.
Additional information is available in Chapter 153 of the Texas Family Code.
What Happens When Parents Disagree About Important Decisions?
Even when parents share legal responsibilities, disagreements may arise over education, medical care, extracurricular activities, or other matters.
A court order may specify whether particular rights are exercised independently, jointly, or exclusively by one parent.
Understanding the exact language of the order is important.
For example, a disagreement about changing a child’s school may require reviewing which parent has the authority to make educational decisions.
Likewise, medical treatment decisions may depend on the rights allocated in the order and the nature of the medical issue.
Parents should avoid assuming that every disagreement automatically requires court intervention. In some circumstances, communication, negotiation, or mediation may help resolve disputes.
Can Parenting Time Be Modified?
Parenting arrangements sometimes need to change as children grow older or family circumstances evolve.
A parent may change jobs, move to another community, or experience other significant life changes.
Under Texas Family Code Section 156.101, a court may modify certain conservatorship or possession provisions when the statutory requirements are satisfied and the modification would be in the child’s best interest.
A material and substantial change in circumstances is one common statutory basis for modification.
For additional information, read our article on Modifying Child Support and Parenting Time After Divorce in Austin.
How Does Divorce Affect Parenting Arrangements?
Conservatorship and possession arrangements are frequently established as part of a divorce proceeding.
When parents divorce, the court may need to address both financial issues and arrangements concerning their children.
Parents beginning the divorce process may find it helpful to understand how the initial petition, temporary orders, discovery, mediation, and final decree can affect the case.
Our related article on Filing for Divorce in Austin, Texas, and Surrounding Communities provides an overview of the divorce process in Travis and Williamson Counties.
Parenting Arrangements for Families Throughout Central Texas
Families throughout the Austin metropolitan area may face unique practical challenges when developing parenting schedules.
Parents living in Cedar Park, Leander, or Georgetown may need to account for travel distances and school schedules. Families in Pflugerville, Manor, Buda, or Kyle may face different transportation or employment considerations.
The objective is to develop arrangements that comply with Texas law and appropriately address the child’s best interests.
A carefully drafted parenting order can provide clarity concerning responsibilities, possession schedules, exchanges, holidays, and decision-making rights.
Understanding Conservatorship and Parenting Time in Austin
Whether parents live in Austin, Round Rock, Georgetown, Cedar Park, Pflugerville, Leander, Lakeway, or another Central Texas community, conservatorship and possession matters can have lasting consequences for their families.
Understanding Texas law and the terms of an existing or proposed court order is an important part of evaluating available legal options.
Stange Law Firm, PC handles domestic relations matters involving conservatorship, possession and access, child support, and related proceedings.
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