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Child Custody

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Child custody in Texas distinguishes between rights of conservatorship and possession. Conservatorship refers to the rights, privileges, powers and duties a person has to make decisions on behalf of a child. Possession typically refers to the schedule upon which each conservator has the right to physical possession of the child. Conservatorship rights can be joint, independent, sole, or sometimes a combination of the foregoing. Parties can mutually agree upon the conservatorship and possession arrangements for their children. If they cannot agree, the family court will order an arrangement based upon the best interests of the child. Texas child custody law recognizes various parenting plans and shared custody arrangements, including legal custody, physical custody and visitation. Each will have different implications for child support depending on each spouse’s income and resources.