Custody in El Paso Divorce Cases: A Primer - Page 2

Legal Custody

Legal Custody generally involves your right to be able to make decisions about your child. It does not include the right to have your child live with you. Here are some examples of the rights of a legal custodian.

The right to:

  • Receive information about the child from the other parent
  • Confer with the other parent before important decisions are made
  • Access important records, such as school records, medical records and legal documents
  • Consult with the child's doctors
  • Consult with school officials
  • Attend school functions
  • Be listed as a person to contact in case of an emergency involving the child
  • Consent to the child's emergency medical treatment
  • Manage the child's estate that you create

In a typical divorce decree which confers Joint Managing Conservatorship on both parents, the rights described above are given to both parents to have at all times.

Legal Custody also involves certain rights and duties that parents typically have only when they are in possession of the child. These include:

  • The duty of care, control and discipline over the child
  • The duty to support the child
  • The right to consent to non-invasive medical and dental care
  • The right to direct the child's moral and religious training

The following rights and duties are often awarded to both parents, especially when they are Joint Managing Conservators. For each right listed, the divorce decree can require that both parents consent before one parent may exercise the right:

The right to:

  • Consent to an invasive medical procedure
  • Consent to treatment by a psychiatrist or psychologist
  • Receive child support and disburse funds on the child's behalf
  • Make legal decisions and bring a lawsuit on the child's behalf
  • Consent to the child's marriage
  • Consent to the child's enlistment in the Armed Services
  • Make decisions about the child's education

Rreceive the services and earnings of the child

  • Act as the child's agent

And the duty to:

  • Manage the child's estate created from joint property of the parents

Jim K. Jopling
Attorney at Law
747 East San Antonio, Suite 103
El Paso, Texas 79912

(915) 541-6099

Toll Free Facsimile:
(866) 864-6854