It is dependent on your understanding of the term “sole custody.” The phrase “sole custody” is not used anywhere in the family code of the state of Texas. The words “Sole Managing Conservator” and “Joint Managing Conservator” are those that may be found in the family code. In the majority of cases, the parents will be named as “Joint Managing Conservators,” which means that both parents will have the authority to make decisions regarding the welfare of the children. However, this does not have any bearing on which parent will actually have physical custody of the children. When both parents are named Joint Managing Conservators, the court will often name one parent as having the “Exclusive Right to Designate the Primary Residence of the Children.” This is what most people think of when the term “Sole Custody” is brought up. When both parents are named Joint Managing Conservators, the court will name one parent as having “Exclusive Right to Designate the Primary Residence of the Children.”

If the other parent has not committed an act of family violence within the past two years, had a problem with substance abuse, engaged in conduct constituting abuse or neglect, or been the subject of a final protective order, it is not typical for a parent to be named as the “Sole Managing Conservator” of a minor child. However, in certain circumstances, this can occur.

Both parents will be named as “Joint Managing Conservators” in the majority of child custody cases, with one parent choosing the primary residence of the child and the other parent having possession of the children according to the Standard Possession Schedule that is outlined in the family code. This is the most common outcome of child custody cases.

Contact our experienced Fort Bend County Child Custody Lawyers in Katy, Texas offer a free evaluation of your case to get started on the process of pursuing sole custody of your children in a child custody case pending in Fort Bend, Harris, Montgomery, Waller, Brazoria, and Surrounding Counties. This will allow you to initiate the process of pursuing sole custody of your children.

The fact that the defendant has just acquired a new significant other is always taken into account by the court. When you introduce a new person into the life of your child, all aspects of your significant other become relevant. These aspects include their criminal history, mental health, stability, problems with drugs and alcohol, family violence, protective orders, and whether or not they have children of their own. If your significant other has some negative facts associated with any of these categories, you are undoubtedly damaging your custody case by maintaining the relationship, especially if you have children together. Simply said, that is how things are.

There is not a lot of need to be concerned if you are in a long-term relationship with the same person and your significant other does not have any negative information that may be used against you.

However, if you are happy in the relationship, you should give marriage a lot of thought if you want to continue it. Judges tend to view “spouse” as a much more stable relationship than a live-in boyfriend or girlfriend, regardless of how long the relationship has been going on. This is true regardless of how long the relationship has been going on.

The Standard Possession Schedule that is outlined in Section  153.3101 – 153.317 of the Texas Family Code is presumed to be the most beneficial schedule for the kid under the Texas Family Code. If the court is going to vary from the Standard Possession Schedule, it must first establish, based on the specifics of your case, that the provisions of the Standard Possession Schedule are not in the child’s best interest or are otherwise impossible to implement. After that, the judge will decide what kind of routine they believe is in your child’s best interest and will order it.

The Standard Possession Schedule is fairly lengthy, but in a nutshell, it stipulates that one parent has custody of the children every other weekend. Thereafter, parents take turns caring for their children during significant holidays such as Thanksgiving, Winter Break, Spring Break, and Summer Vacation. In some cases, both parents share custody of their children during these times.

If 1) both parents agree on a schedule for possession of the child, or 2) the court determines that another schedule is more appropriate than the Standard schedule, then it may be possible for the court to order a different schedule for possession of the child depending on the facts and circumstances of your case.

In situations like this, some sort of a 50/50 schedule can be achieved if both parents have been extremely active with the children to the same degree.

Common variations on the conventional possession sequence include a “week on, week off” or “2-2-3” split schedule, as well as other similar variations.

The week on/week off schedule is the most straightforward option, but the 2-2-3 split (also known as a 2-2-5) is more common. In this arrangement, one parent has possession of the child every Monday and Tuesday, while the other parent has possession of the child every Wednesday and Thursday. The parents then take turns having possession of the child on the weekends.

However, these schedules are never a guarantee because occasionally courts don’t like the frequent back and forth ownership of the children because they feel it’s very stressful for the children. This is one of the reasons why these schedules aren’t a guarantee.

Again, everything is going to rely on the specific details of your case.

If, on the other hand, a schedule of 50/50 is reached, then child support obligations might no longer be an obligatory order; however, this will depend on whether or not both parents earn the same amount of money.

Our expert child custody lawyers that serve Katy, Texas, and the surrounding regions may assist you if you desire to pursue a 50/50 parenting time arrangement.

Although the Texas Courts do not have a say in the matter of the child tax credit, many parents are concerned about it. This judgment is made by the Internal Revenue Service (IRS), and they will presume that the parent who establishes the principal home of the kid is the parent who has the right to claim the tax credit for the child. However, this is something that may be negotiated away in arrangements including a 50/50 possession schedule.