In short, we recently finalized a child support order. It states that the non-custodial parent has visitation every weekend from 9 am to 4 pm Saturday with the kids. However, it also includes the standard possession order that defaults in a joint conservatorship. I want to clarify which arrangement we follow so he can’t claim I’m in contempt. Also, when a child support order mentions joint conservatorship, does that just refer to finances? This is different from an actual custody agreement, right? If so, where does that leave me? I’ve raised these kids since birth, and while he’s on the birth certificate and can pursue child support, he claims joint custody based on the wording of the child support order. Can anyone clarify? I’ve consulted a few lawyers, but they seem hesitant to provide all the information up front.
I also would like clarification on when a child support order states joint conservatorship is this meaning just financial aspect? This is different than an actual custody agreement correct?
But he is stating he has joint custody based off the verbiage on the child support order. Can anyone clarify?
I’m not a lawyer and I don’t have all the answers, but I think I can help. Texas doesn’t use the term custody as some states do. In Texas, it’s called conservatorship and possession. Conservatorship is what other states refer to as legal custody. It doesn’t involve finances or the visitation schedule; it’s about who can make decisions for the child (medical, educational, religious). So yes, he does have joint legal custody in terms used in other states.
Here’s more info.
@Tristan
I was told child support orders don’t relate to custody orders. If I have a child support order stating there is joint conservatorship, does that relate to custody as well? I thought they were filed separately.
@Hollis
Of course they relate. How would you know who pays whom without a custody order? According to the Texas Attorney General, ‘A child support order establishes the amount of child, medical, and dental support a non-custodial parent must pay each month. In Texas, child support orders also address conservatorship (custody) and possession and access time (visitation).’ So your child support order is also your custody order.
@Tristan
Okay, got it. I was confused because at the beginning of the hearing they stated it was not a custody order and asked if we wanted to file a custody order, saying that would be a separate hearing.
Joint conservatorship means you both have to agree on major decisions for the child unless stated otherwise in the custody orders.
The standard possession order in Texas is every other weekend from Friday to Sunday and alternating holidays.
@Koa
I know the standard possession order, but my child support order states both. On page 2 under possession, it says the father has rights to the children from 9 am Saturday to 4 pm Sunday every week. Then below that, it has the standard possession order where we alternate holidays and weekends plus 30 days in the summer. That’s what makes it confusing, so I’d like to file a modification. But a lawyer told me this would be hard to do quickly, even though it’s a mess of an order.
@Hollis
It sounds like the order states the father has standard possession plus every weekend. You can’t modify it until a year has passed and there’s been a significant change in circumstances.
Koa said:
@Hollis
It sounds like the order states the father has standard possession plus every weekend. You can’t modify it until a year has passed and there’s been a significant change in circumstances.
Okay, understood. So these are requirements, and he is obligated to follow both possession orders; otherwise, he could be found in contempt of court? Or vice versa for me?
@Hollis
He doesn’t have to exercise his visitation, but you must allow him to exercise all ordered visitation if he chooses.
These are not guidelines; they are court orders that can lead to jail time in Texas.
@Koa
Ah, okay. Sorry about the poor wording on my part. So if I want to enforce my visitation days, including holidays or breaks, do I have that right? Or does this mean he has rights to visitation and access to the kids every weekend along with alternating holidays and breaks?
@Hollis
I don’t think you have the right to alternating weekends. Most orders specify that the non-custodial parent (dad) has visitation time while the custodial parent (mom) will have all other possession time. So from what you’ve said, it seems like you have all weekdays while the other parent has weekends, except for the alternating holidays and summer vacation. I can’t be sure without seeing the actual orders.