The divorce procedure can be stressful at the best of times. Arguably, the most taxing aspect is worrying about what will happen to the children.
Parents may feel that the courts are going to be biased in their rulings. Thus, it is important to separate the common misconceptions from reality in Texas child custody hearings. Outlined below are three of the most common misconceptions relating to child custody:
The court always grant physical possession of the child to the mother
In the past, the courts may have been more inclined to grant custody to the mother. However, the law of Texas today places a clear emphasis on the shared responsibility of both parents. Sadly, there are occasions where both parents are unable to reach an amicable agreement. In such a scenario, the court will come to a ruling based on what is best for the child rather than the gender of the parents.
The child can decide which parent gets physical possession
It is a common misconception that once a child hits the age of twelve, they are permitted to decide which parent gets physical possession. This is not the case. However, the law in Texas does allow children of this age to share their wishes with the court. Ultimately, this is only one of many factors that a judge will consider when looking at the best interests of the child.
The parent with the most physical custody makes all the rules
Legal custody, or conservatorship, is different than physical possession. Even if one parent has primary physical possession of a child, the parents may have joint conservatorship. If so, that means that both parents have an equal say in their child’s education, health care and other important issues.
Familiarizing yourself with Texas child custody law can protect your legal rights and ensure that decisions are made in the best interests of your family.