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Will you get enough parenting time in your Texas divorce?

On Behalf of | May 5, 2022 | Family Law

When you start thinking about divorce, there will be a lot of uncertainty. Unless you have an existing agreement with your spouse, then you don’t know what will happen with your property or with your children.

Protecting the relationship with your kids will probably be your top priority and your upcoming divorce. Many parents worry that they will not have enough time with their children after the end of their marriage. When you share custody, you will have to accept that you no longer get to see your children all day, every day.

Still, you can still push to receive a reasonable share of parenting time and also decision-making authority for your children.

Texas state law has clear expectations for shared custody

Parents who are no longer in a relationship still have obligations to each other and their shared children. Those obligations include complying with a custody order for time-sharing purposes and communicating with the other parent about the children. Each parent should have access to information about the children’s academic and medical circumstances, and they can have a say in the big decisions about their children’s care, education and daily lives.

The exact way that a judge divides your parental rights and responsibilities will depend on your family circumstances. Everything from your relationship with the children to their ages can influence what a judge decides is the best outcome in your case. However, barring certain serious situations involving neglect or abuse, you can expect that you and your ex will share those responsibilities.

What if your ex doesn’t want to cooperate?

You may worry about what will happen in custody proceedings if your ex is very angry about the divorce, but a judge won’t just listen to angry accusations and then deny you time with your children.

Someone trying to seek sole custody will need to prove that such arrangements would be in the best interests of the children. If they do not have any evidence substantiating their claims, then a judge could decide to reduce their time with the children because they won’t put the needs of the kids first or comply with the parental responsibility requirements outlined in Texas law.

Learning more about how Texas handles custody matters can help you feel more comfortable about your upcoming divorce.