The Custodial Parent Has A Large Responsiblity
Custodial Parent, Contrary to popular belief, the term “custody” does not refer to which parent has physical possession of a children. Instead, it has to do with the legal rights of the parents regarding the relationship with the children and is called “conservatorship.” Only one parent is appointed the “Primary Managing Conservator..” This is the person who has primary physical control and determines where the child will live. Our San Antonio custody lawyers can help take you through this confusing legal process to gain the rights you need to protect your child.
Texas courts presume that it is in the best interest of the child for both parents to jointly make decisions about medical, schooling, and other issues. Texas does not require that each parent share equal possession. The party who can choose the child’s residence, has majority possession, and possibly receives child support is the custodial parent.
Texas does not automatically presume that a child will live with the mother. A court will consider a number of factors -gender of parent is irrelevant- in determining which parent should have primary custody. Such factors include stability of residence, ability to provide physical care for the children, parenting abilities of each respective parent, etc. Typically, whichever parent assumed the role of primary caretaker following the dissolution of the marriage will retain majority possession.
Unless otherwise specified by the court, the custodial parent must keep the non-custodial parent informed of all issues related to the children. This includes school related matters as well as medical. Texas courts presume that parents will act in the best interest of the children and cooperate in matters regarding their child, even if they cannot get along otherwise.
Typically the custodial parent is also the one who receives payments. The payment does not guarantee visitation with the children. However, lack of payment is not a reason to deny the non-custodial parent access to the children. Support and possession are two separate, unrelated rights and responsibilities. Failure to follow court orders can result in serious legal consequences. Talk with our custodial parent attorneys in San Antonio, Tx today for a free case evaluation.