Parenting together after a divorce or breakup isn’t easy. Adults in Texas need to communicate with one another to divide their parental rights and responsibilities. If they can’t reach an agreement amicably, then they may need to take the matter to court.
Parents and judges have to address physical custody or parenting time. The terms included in the custody order also have to address legal decision-making authority. Texas refers to this authority as conservatorship. Frequently, parents focus more on time with their children than on the power to make decisions about their upbringing. Sharing authority can be just as difficult as sharing parenting time.
What typically happens when parents have joint or shared conservatorship?
Each parent has some authority
Joint conservatorship does not force parents to cooperate on every decision. Each parent has a reasonable degree of authority that they can exercise during their parenting time. They choose where their children go, what they eat and even what medical care they require if they fall ill or sustain an injury. However, parents making long-term decisions typically need to cooperate if they have joint conservatorship.
They need to provide one another with information about school matters and health concerns. They need to try to cooperate when making decisions. Ideally, both parents agree that specific terms are in the best interest of the children. When they disagree, they may need support to reach a mutual agreement.
Parents may not always agree
Sharing decision-making authority can become a source of conflict in some cases. One parent may want to relocate with the children, for example, while the other worries that the move could negatively affect their relationship with the children.
Decisions about non-emergency medical care or school enrollment can also lead to intense conflict between co-parents. In a joint conservatorship scenario, parents typically need to come to an agreement on major decisions. If they cannot, then the issue may require the consideration of a family law judge.
Judges resolving conservatorship-related disputes have the authority to settle specific conflicts. They can hear from both parents and then decide what they think would be best for the children, given the circumstances. Judges may also decide to modify the allocation of decision-making authority to prevent similar disputes in the future.
Parents typically need to commit to open communication and amicable conflict resolution whenever possible if they share decision-making authority. There is a presumption that joint conservatorship is in a child’s best interest unless there is compelling evidence to the contrary.
Parents often need help documenting issues related to conservatorship and looking into potential solutions, and that’s okay. Having support can make it easier for people to effectively resolve disputes related to shared custody.