When children are involved, Child Custody is almost always the number one concern. It is helpful to understand how the State of Texas approaches child custody from a legal standpoint.
Most everyone uses the word "custody" when talking about who has the children. Legally we use the term "conservatorship." Conservatorship is a legal term that sets out the legal responsibilities and obligations of each parent. There are two types of conservatorship. There is managing conservator and possessory conservator. A managing conservator has more legal responsibilities and obligations than a possessory conservator. The legal rights and responsibilities include:
the right to make decisions regarding education, medical procedures, discipline, residence, etc.
In Texas it is presumed that both parents should be named as "joint managing conservators." This means that each parent will have these same rights and obligations. Joint managing conservator does not mean equal possession of the children. One parent will be given the right to designate the primary residence of the children, usually within a geographic area such as in Potter or Randall county only, or within the state of Texas. The law states that there should be no preference given because of the sex of the parent. Mothers are not automatically presumed to have primary custody of the children. There are occasions when one parent should be named as a managing conservator and the other parent a possessory conservator. This usually only happens when one parent is guilty of actual neglect, abuse, certain crimes, or other really bad conduct.