Child Custody in Texas
The most important and sought after right to a child is the right to establish a child’s residence. The parent with this right is commonly referred to as the “primary parent,” although it is possible for non-parent to have this right under certain circumstances.
A judge or jury can decide who will be the primary parent. When a judge or jury decides which parent will be the primary parent, they must also decide whether or not to restrict the child’s residence to a geographical area, and if so, identify the geographical area. The guiding principle is the best interest of the child.
The parents can agree that neither parent will be the primary parent, but this is by agreement only. In this circumstance, the parents must designate an area for the child’s residence and agree on where the child will attend school/which parent’s residence will determine the child’s school. The Texas Education Code allows a child to attend a school in the school district in which either parent resides. If a school is chosen, the parents must agree on which parent will live in the area for the child to attend that particular school (and feeder schools), and further agree if that parent moves out of the area for the chosen school.
In addition to the issue of who will be the primary parent, there are other important parental rights and issues that must be decided. As to parenting time, there is a schedule in the Texas Family Code that is presumed to be the minimum schedule that is in the best interest of a child. This schedule is not a 50-50 schedule. These rights and issues are as follows:
1. The right to consent to medical, dental, and surgical treatment involving invasive procedures.
2. The right to consent to psychiatric and psychological treatment.
3. The right to receive child support.
4. The right to make decisions concerning the child’s education.
5. The right to enroll the child in school.
6. The parenting time for each parent.
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