Child Custody

Joint Custody

In joint custody orders, both parents are named Joint Managing Conservators (JMCs). The court usually orders joint custody, unless there is a good reason for one parent not to have custody, such as in cases of domestic violence.

Joint custody requires that both parents share decision-making on their child’s education, medical treatment, and other issues. Joint custody does not mean that the child’s time is split equally between the parents.

Custodial vs. Non-Custodial Parents

In most custody orders, one parent has the right to determine the child’s primary residence. This parent is known as the custodial parent, primary conservator, or managing conservator. They are usually the parent with whom the child lives more than half of the time. They can also receive child support on behalf of the child.

The other parent is known as the non-custodial parent or possessory conservator. They are responsible for paying child support. They usually have visitation rights.

Other Family Members

People who aren’t the child’s legal parents can sometimes be included in custody orders.

For example, a child’s grandpa could be the custodial parent and the child’s parents could be non-custodial parents. The child’s parents would be ordered to pay child support to the child’s grandpa. The child’s grandpa would determine where the child lives.

Visitation

Visitation, also known as access and possession, refers to when each parent gets to be with their child. The visitation schedule is usually set by a basic Standard Possession Order (SPO) that is included with the custody order.

The basic SPO lets the non-custodial parent have possession of the child at the following times:

• A couple of hours each Thursday night

• The first, third, and fifth weekends of each month

• Alternating holidays

• At least one month in the summer

That said, parents with an SPO can agree to any schedule that works for them, even if it doesn’t follow the SPO schedule at all. However, if they can’t agree to a schedule, then they must follow the basic SPO schedule.

The SPO also tells the parents where they will exchange their child and where the child will spend the holidays. In addition, the SPO lists special rules if the parents live more than 100 miles apart.

There are some cases where the court does not have to follow the basic SPO, such as:

• If the child is younger than three years old

• In cases of domestic violence or child abuse

• If the SPO is not in the best interest of the child, as determined by the court

The court can also order supervised visitation, drug testing for the parents, or additional protections for the child.

Sole Custody

In sole custody orders, only one parent is named the Sole Managing Conservator (SMC). This is usually ordered if the court determines there is good reason to do so, like in cases of domestic violence or child abuse.

Sole custody can limit or even take away the rights of non-custodial parents to make decisions about the child.

Power of Attorneys and Temporary Authorizations to Care for a Child

While neither a power of attorney nor a temporary authorization to care for a child can create legal custody, they can let a non-parent care for a child. The child’s legal parent can revoke these authorizations at any time and take the child back.

If the child has lived with the non-parent for more than six months, that person can sue the child’s legal parents for legal custody, including to receive child support.