Child Custody Presumption That Parents Should Have Custody In Texas, there is a rebuttable presumption that parents should serve as the Joint Managing Conservators of their children. In Texas, "Conservatorship" is the same as what most people refer to as custody of the children. Joint Managing Conservatorship means the parents will either share, allocate, or apportion their parental rights and duties. These are the same parental rights and duties that the parents have prior to a divorce being filed, however they may be allocated differently in the divorce. Though our family practice at Evans & Peek focuses largely on custody and visitation issues, it is always better for parents to work out an agreement related to custody rather than have strangers in the courtroom do it for them. Though we are very experienced at conducting custody fights, custody fights involve a great deal of time, commitment, emotional and financial expense. Custody Fights, When Necessary However, there are going to be situations where a custody fight is the only option. It is very important that you thoroughly discuss your concerns, options, and position with your attorney before making the decision to take this issue to trial. In those cases where an agreement cannot be reached, professional services will be required to assist the Court in making a decision. For example, it is customary to order a Social Study to be performed by a family court services unit. The social study involves the completion of informational data, gathering of references, and an interview in their offices and/or home. The Court may also order psychological evaluations of one or both parties and/or the children. Additionally, a party may wish to retain psychiatrists, psychologists, or private custody evaluators. A recommendation on conservatorship will be made to the Court at the conclusion of their investigation. If My Child is 12 Years Old, Can't He Choose Where He Wants to Live? If 12 years of age or older, a child can sign an affidavit stating whom the child would prefer to live with. If requested by a party, the Court will interview a child 10 years of age or older. However, the child's affidavit is merely a way of formally getting his opinion before the court. This is typically misunderstood by many. The child's affidavit is NOT binding on the court. It is, however, evidence just like all the other evidence but the court realizes the problems in ordering a sixteen year old child to stay with a parent with whom he does not want to reside. If younger than 10, the child might have the opportunity to speak with the judge. There is no guarantee of this. Standard Possession Orders Once a decision is made concerning conservatorship, provisions for periods of possession are generally determined by guidelines enacted by the Texas Legislature commonly called Standard Possession Order. You need to review these guidelines for possible modifications to fit your family circumstances. For example, if one parent's family always celebrates Christmas Eve and the other parent's family always celebrates Christmas Day, and everyone lives within close proximity, the schedule can be altered so the child has the advantage of being with both families each year. Persons of different religious affiliations will want to add holidays specific to their faith.