pri**** custodial parent in Texas?

[kimberlywrites]

What is the name of your state? TX

I will be filing for divorce from my husband. We have been separated for one year, and have been cooperating with a 50-50 physical custody split with our two children. The arrangement is working well for everyone.

I know in Texas law, one parent is named pri**** custodial parent even when you have a 50-50 physical custody agreement. I intend for my name to be the pri**** custodial parent - but I believe my stbx will choose to fight me on that.

I was a stay-home mom for four full years. The kids are 5 and 7 now. My job for the last two years is as a freelance journalist, so I work from home and alter my hours during my week with the kids so that I can take them to and from school. I have steady income - in fact, I have not asked for A DIME from the stbx and we split their expenses 50-50, even though he makes $30,000 a year MORE than I do.

However, I am the one who 'left' the family home and wants out of the marriage.

Is that grounds for him to try and get his name as pri**** custodial parent?

[seniorjudge]

Originally Posted by kimberlywrites

What is the name of your state? TX

I will be filing for divorce from my husband. We have been separated for one year, and have been cooperating with a 50-50 physical custody split with our two children. The arrangement is working well for everyone.

I know in Texas law, one parent is named pri**** custodial parent even when you have a 50-50 physical custody agreement. I intend for my name to be the pri**** custodial parent - but I believe my stbx will choose to fight me on that.

I was a stay-home mom for four full years. The kids are 5 and 7 now. My job for the last two years is as a freelance journalist, so I work from home and alter my hours during my week with the kids so that I can take them to and from school. I have steady income - in fact, I have not asked for A DIME from the stbx and we split their expenses 50-50, even though he makes $30,000 a year MORE than I do.

However, I am the one who 'left' the family home and wants out of the marriage.

Is that grounds for him to try and get his name as pri**** custodial parent?

Q: Is that grounds for him to try and get his name as pri**** custodial parent?

A: Yes; but I can't tell you if it will work.

[Kane]

Try this site: [url]http://www.hmoorelaw.com/divorce.htm[/url].

The terminology in TX is "managaing conservator" and "possessory conservator."

Traditionally, one parent was named Managing Conservator and one named Possessory Conservator. The Managing Conservator had the right to make these major decisions regarding the children's residency, health care, education, and so forth. However, as of September 1, 1995, the legal presumption in Texas is that the parents should be named Joint Managing Conservators. That means that the rights and powers of a parent are somehow to be divided between the parents or exercised by agreement. When Joint Managing Conservatorship is awarded, the parties or the judge must decide and write into the decree how those rights are to be exercised.

Most likely, you'll be "Joint Managing Conservators," which is probably for the best.

[ceara19]

Originally Posted by Kane

Try this site: [url]http://www.hmoorelaw.com/divorce.htm[/url].

The terminology in TX is "managaing conservator" and "possessory conservator."



Most likely, you'll be "Joint Managing Conservators," which is probably for the best.

True, however one parent is almost always named residential custodian also. This entitles that parent to deside pri**** residence and to collect child support. In Texas, mothers are named pri**** a mojority of the time, when both parents are equally able to care for the children.

[NotSoNew]

thats why there is a problem with these titles!

if the title only allows you to collect child support and you dont want it, what is the point of fighting over it?

there shouldnt be any "pri**** custodial parent"

[kimberlywrites]

But it also gives the parent the right to determine pri**** residence for the children. We live within miles of each other (me and the stbx) but in two different school districts, for example. Their pri**** residence will determine which schools they attend.

[ceara19]

Originally Posted by dynomight77

thats why there is a problem with these titles!

if the title only allows you to collect child support and you dont want it, what is the point of fighting over it?

there shouldnt be any "pri**** custodial parent"

If parents get along, there's nothing to fight about. If they can come to an agreement on their own that's great. But that agreement nedds to be spelled out VERY clearly because things can always change.

Say mom & dad agree to split everything 50/50 (clothes, school expenses, sports, insurance, etc.). The kid is on mom's family ins. and 2 years down the road, mom's remarried with a new kid, dad doesn't think he should have to pay for half the insurance anymore because mom would have to pay the same amount whether she's got 1 kid or 10 and she'd have to pay it for the new kid too. Or mom thinks the child should go to private school and dad can't afford it, remember they agreed to split everything 50/50. Should he still have to pay?

They get along now, but no one knows what will happen down the road.