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Will the Texas family courts make you share custody with your ex?

| Feb 11, 2020 | Divorce |

When you file for divorce, it is common for one spouse to leave the marital home and for communication between the spouses to drastically decrease. It’s completely normal if you want to cease interacting with your ex unless absolutely necessary during a divorce.

If you share children, a clean break is almost always impossible. In all but the most extreme circumstances, the Texas family courts expect parents to share custody after a divorce, provided that both parents have an interest in asserting their parental rights. The more you know about how Texas law approaches parental relationships with children during and after a divorce, the easier it will be for you to develop a strategy that will work for your family.

Texas doesn’t actually use the term ‘custody’

If you look at the language of the law, it refers to conservatorship rather than custody. When splitting these responsibilities and rights between two parents in a divorce or two unmarried parents living separately, it is possible for the courts to order either joint managing conservatorship or sole managing conservatorship.

As the name indicates, joint conservatorship involves both parents playing sharing parental duties and rights, while sole conservatorship means one parent has the legal responsibilities for and rights to their children. Even in sole managing conservatorship situations, the courts often order visitation for the other parent to ensure that they can maintain a relationship with the children.

Since most divorces result in joint conservatorship, approaching your future as co-parents with a positive attitude, instead of anger and resentment, can make your shared responsibilities easier to manage and set a good example for your kids.