When a marriage or other relationship ends, the court must enter orders regarding how the parties will share their child. These suits are called Suits Affecting Parent-Child Relationship. If the parties were married this suit is joined together into the divorce cause of action. The Court must enter orders regarding the parenting plan for the child. The parenting plan must have orders related to the conservatorship (custody) of the child, possession of and access to the child and support of the child.

Child custody is one of the more litigated and emotional issues in a divorce because a child means the world to their parents. While courts generally have parents share in the rights and duties of parenting, how they share may look different from one family to the next. This is largely because not every case has the same facts and what works for one family, does not necessarily work for another family.

While the courts prefer that the parents coparent together, when possible, if the parents are not able to agree on the parenting plan, the court must determine what parenting plan is in the best interest of the child. Note that the court is looking at the best interest of the child, not necessarily what is “fair” to the parents. However, courts are told by the legislature that they are to try to involve both parents to the extent possible and as long as it is safe for the child.