Legal Question in Family Law in Texas

Texas joint managing conservator divorce with standard visitation for 2 children and mother is possessory conservator. Equal rights to make decisions regarding education, health etc. father paying full child support. Are the parents required to have regular dialogue to discuss and make joint decisions regarding children? What if there are disagreements and mother refuses to to have any discussion? There are no clauses in decree specifying how these joint decisions are to be made and no consequences for not complying.


Asked on 1/23/13, 9:30 pm

1 Answer from Attorneys

TC Langford Langford Law Office

When parents have joint rights, but difficulty communicating it often and regularly leads to disagreements. Your decree spells out what rights are subject to the agreement of the other party - otherwise those rights are either independent (both have equal rights) or exclusive (only one party has the right). If your decree requires certain decisions to be made subject to the agreement of the other party, and she is not consulting you, then you have decisions to make. First, be sure to keep a journal to document the specific events, because if it is not a major change, one incident does not warrant going to court. If you can show it is a ongoing problem, take your decree and list to an attorney and discuss the cost/benefit of enforcing the order. In this type of situation I usually recommend mediation prior to filing in court - but it is hopeless, you can petition the court for changes in the rights/responsibilities of the decree.

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Answered on 1/24/13, 6:52 am


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