Texas laws encourage parents to come to custody arrangements themselves without having to go to court. If the parents cannot agree, Texas courts make custody decisions based on what is in the best interest of the child.
Typically, a court will presume that legal custody, or conservatorship, is in the best interest of the child unless a parent shows otherwise.
Individuals who have children may be required to make numerous important decisions during divorce or separation proceedings, including:
Child custody refers to the legal rights and responsibilities of a parent over their child or children’s care and upbringing. There are numerous different ways to split custody rights, which will be addressed below.
Child visitation refers to the legal rights that are awarded to non-custodial parents. If one parent does not obtain physical custody of the child, they will typically be given visitation rights.
Regardless of whether a parent is seeking custody or visitation rights over their child, there are two common ways that the parties to a divorce or separation proceeding can begin the process, including:
Any child custody agreement or visitation schedule must be approved by the court. If the parties are able to come to an agreement on their own, they will have more control over the arrangements and schedules.
In family law cases where a child is involved, courts will make decisions based on the child’s best interest standard. This standard will precede the majority of child custody laws when a court is finalizing child custody or visitation agreements.
Because of this standard, the law helps ensure the highest levels of protection for vulnerable individuals and children. An individual who is taking custody of a child or children must be capable of providing them with a stable home environment as well as ensuring their safety and well-being.
Courts will consider many different factors when determining whether or not a parent qualifies for custody under the child’s best interest standard, including:
There are many different types of custody arrangements that parents can enter into, including:
Legal custody is the right of a parent to decide how their child will be raised, including:
A parent may be awarded joint legal custody or sole legal custody. Joint legal custody is typically preferred.
If joint custody is awarded, the parent who has primary physical control over the location of the child will temporarily have greater legal custody rights until the other parent can be reached or, in the event of a minor issue. For example, punishing the child for not doing their homework.
The parent who is awarded physical custody is the parent with whom the child will reside. However, it is important to note that physical custody may be awarded to both parents.
In this situation, the child will split their living evenly between the homes of both parents or the child will have a schedule that includes alternating periods in which the child will live with each parent. This may include, for example, spending the summers at one parent’s home and the rest of the year at the other parent’s home.
Sole custody is awarded when one parent is granted both legal and physical custody of a child. This means that parents can make legal decisions on behalf of the child and that the child will physically reside with them.
Sole custody is typically awarded when a non-custodial parent poses a serious threat to the well-being of the child, such as by being violent or abusive, or is no longer present because they are incapacitated, deceased, or for some other reason.
It is important to note that, with sole custody, visitation rights are not granted to the non-custodial parent.
Joint custody permits both parents to share responsibility over certain aspects of their child’s life, such as the amount of time the child spends with them and the ability to make important decisions regarding how the child is raised.
A parent may obtain joint legal custody, joint physical custody, or both. With joint legal custody, the parents share the right to make decisions regarding the child’s upbringing.
When joining physical custody, the child splits their time between the parents. With both joint legal and physical custody, the parents equally share all of those rights.
In certain rare situations, parents may choose bird’s nest custody. This is when a child lives in the same residence, and the parents take turns living in and overseeing the home.
Although this can be easier on the child because they will not be required to split their time between two different homes, it may be more difficult for the parents. For example, if they disagree on household issues or do not leave when it is the other parent’s turn.
When determining which parent should have primary physical custody, a Texas court will typically do the following:
The court may also consider factors such as whether either parent has previously been found guilty of interference with child custody or made any type of agreement to abduct from custody.
If an individual has any questions or concerns related to the factors used to make custody decisions, they should consult with a local attorney in Texas.
If the court signs a custody order, it will be filed with the court clerk. This means that the agreement is binding on both parents.
A parent may bring the issue before the court if the other parent fails to follow the custody or visitation order.
If you have issues, questions, or concerns regarding who will make decisions for your child, it is essential that you consult with a Texas child custody lawyer. Your lawyer can help you present a case to the court showing the best arrangement for your child or children.
Your lawyer can also provide advice on how to show that you are the parent best qualified for custody if that is your desire. It is important to have legal representation during these types of cases to ensure that your rights are protected throughout the process.
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