Determining parental rights and responsibilities for children in Texas divorces involves considering the “best interest of the child.” This standard guides judicial decisions regarding conservatorship (similar to custody in other states) and possession and access (similar to visitation). Conservatorship encompasses the rights and duties parents have regarding their children, such as providing for their physical and emotional well-being, managing their finances, and making decisions about their education and medical care. One or both parents may be appointed as joint managing conservators, or one parent may be designated the sole managing conservator.
Establishing clear legal parameters regarding parental roles and responsibilities serves to protect children’s stability and well-being during and after a divorce. It provides a framework for decision-making and ensures that both parents remain actively involved in the child’s life, where appropriate. Historically, Texas law favored awarding custody to mothers; however, modern legal practice emphasizes shared parenting and focuses on individualized assessments of each family’s unique circumstances. This evolution reflects a growing understanding of the importance of both parents’ involvement in a child’s development.
