Child custody can be a complex and emotional issue for Texas parents. If you have never been involved in the child custody process before, you may have many questions and be worried about losing certain rights.
Texas makes custody decisions based on the best interest of the child. This includes decisions on legal custody and physical custody.
Legal custody
Legal custody is the right to make major decisions on behalf of your child. These include decisions on topics such as education, healthcare and religion. Physical custody involves who the children live with on a daily basis.
Courts can award joint or sole legal custody. Joint legal custody means both parents have equal power when making major decisions. One parent cannot make a major decision, such as which school a child attends, without permission from the other parent. Sole legal custody gives this power entirely to one parent.
Generally, courts presume that each parent should have a right to decide what is best for their child and award joint legal custody. Sole legal custody is awarded in very limited circumstances, such as when one parent is incarcerated or otherwise unavailable and unable to make decisions.
If your co-parent is requesting sole legal custody, demonstrating to a court that you are a fit parent and capable of making decisions on behalf of your children increases your chance of being awarded joint legal custody.
Physical custody
As with legal custody, courts presume that shared physical custody is in a child’s best interest. When parents disagree on physical custody, a court examines factors including the child’s relationship with each parent, the child’s needs and preferences, each parent’s physical and mental health and any history of abuse or neglect.
As a Texas parent, you want what is best for your child. Navigating the child custody system can feel scary and overwhelming at times, but understanding the different types of custody helps you know your rights and determine the best solution for your situation.