Child Custody issues are complex and can be emotionally traumatic for the parents and the children. Both parents have certain rights and duties to their children such as the duty of support, the duty of care and to protect, the right to direct the child's education, the right to physical possession and the right to designate the residence of a child. These are just a few of the rights and duties that parents have to their children. Under Texas Law the Court uses the Best Interest of the Child Standard when deciding custody and visitation.

In Texas there is a presumption that Joint Managing Conservatorship is in the Best Interest of the Child unless the parent will significantly impair the child's physical or emotional well being. . Joint Managing Conservatorship does not mean equal time between Parents. Texas has a Standard Possession Order that provides a parent with the rights of Possession. The Court will deviate from the Standard Possession Order if both parents agree to it. Under the Mediation Process the parents can agree to deviate from the Standard Possession Order and the Judge will approve it if it is in the Best Interest of The Child. Under the Collaborative Law process the parents themselves decide the custody (Conservatorship) and visitation schedule.

One of my goals as an successful counselor to my clients is get both parents to realize it is in the best interest of the child for them maintain a civil relationship with each other so that the children are not as traumatized by the divorce process. Both parents need to learn that it is best for the children if they learn to co-parent as they will be connected to each other by their children for the rest of their lives. There will be their children's birthdays, graduations and weddings to mutually attend so it is best to learn to tolerate and be courteous to each other for the benefit of their children.