Navigating the complexities of child custody can be challenging for parents, especially with the abundance of myths and misconceptions. In Texas, understanding the realities of child custody laws is crucial for ensuring the best outcomes for your children. Here are some common misconceptions about child custody in Texas, debunked with factual explanations.
1. Mothers Always Get Custody
One of the most persistent myths is that mothers always obtain custody of the children. However, Texas child custody laws do not favor one parent over the other, based on gender. The Court’s primary concern is the best interest of the child. In determining best interest, the Court evaluates each parent’s ability to provide a stable environment for their children. Additional factors for consideration include the child’s needs, each parent’s living situation, and the ability to co-parent effectively.
2. Legal Custody and Physical Custody Are the Same
Legal and physical custody in Texas are often conflated, but they mean vastly different things. Legal custody in Texas concerns each parent’s right to make important decisions about their child’s upbringing. These powers include, but are not limited to, the right to make decisions about the child’s education, medical treatment, psychological and psychiatric treatment, and the right to determine the child’s primary residence. On the other hand, physical custody relates to the possession schedule both parent’s exercise with the child. In many cases, parents share both legal and physical custody. Often, one parent has primary physical custody.
3. Joint Custody Means Equal Time with Each Parent
Another misconception is that joint custody means the child always spends equal time with each parent. In reality, joint custody (or joint managing conservatorship, as it is known in Texas) means that both parents share the rights and responsibilities of raising their child. The actual time spent with each parent can vary and does not necessarily have to be split 50/50. The Court’s goal is to create a schedule that serves the best interest of the child, which might not always mean an equal division of time.
4. Child Custody Decisions Are Permanent
Child custody arrangements are not set in stone. Because life circumstances may change, Texas child custody laws allow for the modification of custody agreements. If there is a significant change in circumstances, such as a parent relocating, changes in the child’s needs, or issues with the current custody arrangement, parents can petition the Court for a modification. It’s essential to work with a knowledgeable child custody lawyer to navigate these changes.
5. Non-Payment of Child Support Means No Visitation Rights
Some believe that if a parent fails to pay child support, they lose their visitation rights. However, Texas law treats child support and visitation as separate issues. A parent cannot withhold visitation rights as a form of punishment for non-payment of child support. If child support is not being paid, the custodial parent should seek legal remedies through the Court rather than denying visitation.
6. Only a Court Can Decide on Possession
While Court intervention is sometimes necessary, many parents can and do reach amicable custody agreements through mediation or collaborative law. These alternatives allow parents to negotiate a custody arrangement that works best for their family without the stress and expense of a Court battle. A skilled custody lawyer in Dallas, Plano, Frisco, and other locations can facilitate these processes, helping parents come to a mutually beneficial agreement.
Protect Your Family’s Future with Scroggins Law Group
Understanding the complexities of legal custody in Texas is essential for parents who want the best for their children during and after divorce proceedings. At Scroggins Law Group, we offer expert guidance tailored to your unique situation. Our experienced child custody lawyers in Dallas, Frisco, and Plano are dedicated to protecting your parental rights and ensuring the best outcomes for your family. For personalized legal assistance, call us today at 972-284-1686 or fill out our contact form. Let Scroggins Law Group provide the expertise and support you need to navigate your child custody concerns confidently.
