Legal Question in Family Law in Texas

joint custody
do tx courts usually award joint custody for a divorce. What is primary custody in joint custody and who gets that. Is it granted to one parent so even though there is joint custody the parent with primary custody has the right to enroll the kid in school which would mean that that parent would have the kid more that 6 months each year.

Asked on 1/31/08, 11:37 pm

Fran Brochstein Attorney & Mediator

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Re: joint custody

Wow! The questions you've ask are extremly complex to explain in a short email.

I highly recommend that you sit down with a family law attorney and sicuss your case.

I charge $150 per hour to do this.

Joint custody is presumed in TX. You can produce evidence to show the Court that joint custody is NOT a good idea.

The parent with the right to establish where the child lives is the primary conservator.

Visitation is very flexible. The non-custodial parent has the right to ask for an Expanded Standard Possession Order. Then visitation is 47%/53%.

Even if you have the child 75% of the time, the other parent could be designated the "primary" parent.

Obviously, you need to retain the services of an experienced family law attorney.

Answered on 2/01/08, 4:40 am

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