During a divorce with children, much of the negotiations and mediations are focused on the visitation or physical custody of the children as well as the power to make important decisions about the children. In Texas law, these are known as possessory conservatorship and managing conservatorship, respectively. In many cases, the parents can work together to create a parenting plan that meets the children’s needs and addresses possessory conservatorship and managing conservatorship. However, in some cases, parents cannot come to an agreement, and the decisions may be made by court order. It is essential to hire a child custody lawyer experienced in contested custody cases and who knows the factors the court will consider when making its decision.
Factors in a Contested Child Custody Case
Through negotiations or mediation, parents can often create a parenting plan which addresses issues such as the children’s primary residence, a visitation schedule with each parent, how the parents will share decision-making responsibilities, and how the order will be enforced and modified if necessary in the future. The court will approve this agreement if it meets the best interests of the children.
In this contested child custody case, a judge will weigh several factors in determining how managing conservatorship and possessory conservatorship will be divided. Throughout the process, the children’s best interests will be paramount. These factors can include:
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