The term child custody (conservatorship is the formal term in Texas) has an aura of permanence about it. After all, the Court wants what is in the child’s best interest, and that includes deciding who has the right to make important legal decisions for the child, what periods of possession make the most sense for the non-primary parent, and, of course, determining a stable and caring home.
There appears to be nothing temporary about any of that – unless we are talking about a temporary child custody order.
What is a temporary child custody order?
Unlike permanent child custody orders, a temporary child custody order only lasts during the period in which the divorce proceedings and/or suit affecting the parent-child relationship are still ongoing. It is a short-term solution to parenting disputes that creates temporary rules for the parties to follow until the court makes a final determination after a final hearing or the parties reach an agreement.
This includes:
- Establishing who is the person who gets to determine where the child lives
- Determining visitation rights (rights of possession and access)
- Whether child support shall be paid (and how much)
Temporary child custody orders can be decided by a Judge, or the parents can agree to it and file agreed orders with the Court. Once the divorce is final, permanent child custody orders will go into effect. Whether the temporary orders resemble the final orders depends on what happens after the temporary orders are put in place.
Child Custody Terms
1. Legal Custody/Conservatorship
Legal custody is the power of making decisions about the child and his or her future given to one or both parents. This involves decisions on where to live, which school to attend, what medical or mental health care to administer, etc. Typically, the Court orders a joint legal custody between the two parents so both can shape the child’s future.
2. Physical Custody/Possession and Access
Physical custody is actually being physically present with the child as they grow up. Sometimes, this custody is shared between parents, though it is typically unequally as one of the parents gets a larger share of the time with the child.
3. Joint Custody (Joint managing conservatorship)
As mentioned above, both legal custody and physical custody can be shared between the two parents. This is called joint custody, where both parents enjoy the physical presence of the children according to their allocated times and have the ability to make decisions on the child’s future in consultation. Joint custody orders are typically the most common ones, especially if the child is small and needs both parents in their life.
4. Sole Custody/Sole Managing Conservatorship
This is when a court orders that one parent will have the right to make all the legal decisions regarding the child and the other parent will have rights to possession and access.
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