The Difference
Family Law & Divorce
Frequently Asked Questions
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What is the difference between joint custody and sole custody?In Texas, joint managing conservatorship is the default position of the courts. Usually, it is in the best interest of the child to have both parents equally involved in their lives. Joint managing conservatorship means both parents will have joint rights and duties as it relates to the children although some rights may be given exclusively to one parent (education and medical for example). Sole custody means that only one parent will get the exclusive right to make most decisions for the children but the other parent will still have visitation rights. In order to get sole managing conservatorship, a party must demonstrate that it will not be in the best interest of the child to have joint custody. Usually, this involves showing the court that there has been some abuse or neglect by a parent.
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What is the Standard Possession Order?This is the default schedule that courts use when determining a visitation schedule. It’s a great place for couples to start if they’d like to customize their own schedule. The non-primary parent will get the children every first, third and fifth Friday of the month until the following Sunday. They will usually get a midweek period of possession, Thursday, and it can be overnight. The couples will swap holidays. The parent who gets Thanksgiving will not get Christmas, but this will alternate every year. Finally, the non-primary conservator usually gets the whole month of July, although there are some variations to this schedule.
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What factors does the court look at in determining the division of assets?Not necessarily. The property will be divided in a way that is fair and equitable, which does not necessarily mean a 50/50 split. All the factors mentioned above are considered to determine how the property will be divided. Usually, courts will divide property in a way that is close to the 50/50 mark, but often one spouse will receive slightly more. Splits of 45-55 are very common, while it would be highly unusual for a court to divide an estate in a more lopsided way, such as 30-70.
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