Tuesday, July 14, 2009

Family Law Myth #1: "Full Custody"

Here is the final one of the "Top Ten Common Myths in Family Law." The entire list is available here:
http://www.nataliegregg.com/top-ten-myths-in-family-law/

Myth #1:
I want “full custody” of the children.


In Texas, the magic legal words are “conservatorship” and “access.” Conservatorship is the bundle of rights and duties that accompany being a parent; for example, the right to make educational decisions or the duty to pay child support. In the world of family law, access refers to a period of time when the non-custodian parent has exclusive visitation time with the child(ren) separate from the other parent.

When my clients ask for “full custody,” that is code for conservatorship. If you want to have the kids the majority of the time AND make the most important life decisions for them, you want to be primary managing conservator. There is no legal definition for “full custody.”

To read about the other commonly held myths related to family law, click here.

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