Law Office of Angel Davila
Divorce & family law

Child custody & decision-making

A Texas custody order assigns parental rights and duties, called conservatorship. It can address who chooses the child’s primary residence, approves treatment or makes education decisions. A separate part of the order spells out time with each parent.

What happens next

  1. Identify any prior custody or parentage order and where the child has lived. Counsel can determine whether to start a new case or ask the court to modify an existing order.
  2. List decisions each parent can reasonably make alone, that require agreement, or that one parent should handle. Explain safety issues and how the proposed arrangement serves the child.
  3. Present an agreed parenting plan or prepare for the court to decide the disputed terms. Read the signed order alongside school and medical paperwork so you know exactly who can act.

Timing and deadlines

A temporary hearing can address a school or care decision while the final case is pending. A contested final hearing depends on service, court settings and any evaluation. Tell counsel about school enrollment or treatment dates at the first meeting.

Costs and payment

Ask whether the case is likely to need mediation, a custody evaluation or a contested hearing and who may have to advance those costs.

How to prepare

  • Bring current orders, the child’s living history, school and care schedules, and a record of each parent’s day-to-day responsibilities.
  • Write down specific decisions you agree on and examples of decisions that stalled. Include dates and documents that explain the effect on the child.

Questions and answers

Does joint custody mean an equal number of overnights?

Joint managing conservatorship concerns how parental rights and responsibilities are shared. The overnight schedule is a separate decision, based on the child’s best interest and the actual terms of the order.

Can a 12-year-old choose where to live?

In a nonjury hearing, a properly requested interview can let a child aged 12 or older tell the judge their wishes about primary residence. The judge still decides the issue according to the child’s best interest. Ask how to request an interview without putting the child in the middle.

We already have an order. Can we change who makes school decisions?

Look at the current allocation of rights first. Bring the existing language, the change you propose, what has happened since the order and how the change would benefit the child. Counsel can assess the legal grounds for a modification.

Can I obtain school or medical records when the child lives with the other parent?

A parent named as a conservator generally retains access to these records unless the court limits that right. Check the rights listed in your current order. Give the school or provider the relevant paperwork and keep a copy of any written refusal for counsel.

Our child has a medical procedure coming up. Who signs?

Read the clause for that type of treatment. An order may give one parent authority, allow independent consent or require agreement. Tell counsel the procedure, appointment date and what the provider requires. For a medical emergency, seek emergency care immediately.

Let’s talk about your next step.

You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.

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