How Does the Court Decide Who Gets to Make Decisions Regarding the Children?

The most important decision for parents going through a divorce is what happens to the children. Parents often will be appointed joint managing conservators, which means they will share in the decision about where the children live, where they go to school, how they spend their time during school holidays, and jointly agree to invasive medical or dental procedures. Less frequently, courts may give one parent sole managing conservatorship, which means the parent has the sole authority to make decisions for their child often without the input of the other parent. In that case, the other parent will be named the possessory conservator and will have more limited rights concerning the children. In both a sole and a joint conservatorship, Texas law presumes that the Standard Possession Order is best for most children who are 3 years of age or older. Court decisions concerning conservatorship may depend on whether the parents are going through a traditional divorce process…

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