What Does Joint Custody Mean?
In Texas, there is a presumption in a divorce that the parents be appointed as “joint managing conservators”. However, this does not necessarily mean that the court divides custody equally with no support being paid. Usually, although I don’t agree with this, the Court decides that one parent has “primary” possession of the child and has the right to establish the child’s residence while the other parent has visitation rights and is ordered to pay child support. Other parental decision making powers are allocated. While “joint custody” does not automatically mean exactly equal possession of the child with neither side paying child support, this can and often does occur in settlement of contested custody cases. Or, if you go to trial, the Judge can and sometimes does order that kind of arrangement if the court finds both parents live in close proximity to each other, can cooperate, have both been closely involved in the child’s life and neither has any bad facts about them. I happen to
