Co-parenting after a divorce or separation is rarely simple. Even when legal custody arrangements are in place, disagreements over parenting styles, discipline, education, religion, or lifestyle choices can lead to serious tension between parents. But what happens when you strongly disagree with how your ex is raising your child? At The Barrera Law Firm, we help parents across Texas understand their rights and responsibilities—and what legal steps to take when conflict arises.
Understand the Scope of Custody
In Texas, custody is legally referred to as “conservatorship.” Most parents are appointed as either joint managing conservators or sole managing conservators. The conservatorship order will spell out who has the authority to make decisions about the child’s:
- Education
- Health care
- Religious upbringing
- Residence
- Daily care
If you and your ex are joint managing conservators, you likely share the right to make major decisions. However, one parent may still have the exclusive right to make certain choices—such as where the child lives or what medical treatment they receive.
When Disagreement Becomes a Legal Concern
Not every parenting disagreement warrants legal intervention. Courts typically will not interfere with a parent’s day-to-day decisions unless:
- The child is in danger (physical, emotional, or psychological harm)
- The parenting decision violates a court order
- The issue involves a major life decision not covered by the current order
For example, differences in bedtime routines, diet, or TV access may be frustrating, but not usually grounds for court action. However, if your ex is exposing your child to dangerous individuals, neglecting medical care, or interfering with education, that’s a different story.
What You Can Do
If you’re facing ongoing disagreements or concerns about your child’s wellbeing, consider these steps:
1. Document Everything
Keep a detailed record of concerns, including dates, photos, communications, or school and medical records. This documentation can be vital if the case ends up in court.
2. Communicate Respectfully
When possible, try to address the issue directly with your co-parent. Keep your communication respectful, focused on the child’s best interests, and preferably in writing (such as texts or emails) to avoid miscommunication.
3. Review the Court Order
Carefully review your custody agreement. If your ex is making decisions they are not legally entitled to make, they may be violating the court order – giving you legal grounds to act.
4. Mediation or Co-Parenting Counseling
Texas courts often recommend mediation before filing a motion to modify custody. In some cases, co-parenting counseling can help resolve disagreements and reduce tension.
5. File a Motion to Modify Custody
If the disagreement is serious and affects your child’s wellbeing, you may need to request a modification of your custody order. You’ll need to show a material and substantial change in circumstances and prove that the modification is in the best interest of the child.
Examples of issues that may justify a modification include:
- Substance abuse
- Neglect or abuse
- Inappropriate or unsafe environments
- Major life changes like relocation
We’re Here to Help
At The Barrera Law Firm, we understand how emotionally charged custody issues can be. If you believe your child’s safety or development is at risk due to your ex’s parenting decisions, don’t wait. Our legal team can help you evaluate your options, protect your parental rights, and pursue changes that put your child’s best interests first.
Contact The Barrera Law Firm today for a consultation and let us guide you toward a solution that works for your family.