Physical Vs. Legal Custody in Texas

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Physical Vs. Legal Custody in Texas

When you are no longer with the second parent of your child, custody becomes essential and often contentious. It can be the worst part of any divorce or separation. You want what is best for your children. You and your former partner have to agree to the arrangement together.

If you are going into a custody battle, you may be curious as to what the different types of custody are. It affects the variety of custody agreements that can be set into place.

Types of Custody

In Texas, there are two different types of custody categories. Within each category, there are two options for custody.

Physical Custody

Physical custody refers to where your child lives. This can be split in a variety of ways, depending on where each parent resides. Generally, one parent will become the primary custodial parent. This, many times, means that they have the child during the week and handle responsibilities such as school, while the other parent has the child during the weekend.

Sole and joint custody refers to whether or not you and your partner hold the custody responsibility by yourselves or together. If one parent has sole physical custody, the child will live with them all the time. Joint physical custody means the child lives with both parents, however that pans out. In deciding what you want physical custody to be, you should consider school districts, where your child’s life is based, where both parents will be living, and how their extracurricular schedule plays out. If one parent has sole custody, or if there is bi-weekly rotation, you can utilize visitation rights.

Legal Custody

Legal custody involves making important decisions about your child, such as health and education. Legal custody can also be sole or joint. If it is joint, both parents must be consulted and notified when something happens with their child. Both parents must also agree on these decisions. If it is sole, one parent is in charge.

Custody arrangements can have different variations. For example, one parent can have sole physical custody while there is joint legal custody.

In figuring out custody, the court will look at the best interests of the child. It is a vague standard but ensures that the child’s well-being is put first when figuring out custody.

How an Attorney Can Help

Even though a judge will look at the best interests of the child, an attorney will fight on your behalf. No one knows your family as well as you do. An attorney will learn the ins and outs and advocate for a settlement that works best for you and your family.

If you are going through a custody battle, you’ll need an experienced custody attorney to help. Navarette Bowen P.C. has experienced divorce lawyers that will advocate on your behalf. Our office is in downtown Denton. You can schedule a free, confidential consultation to discuss your case. Contact us today by phone or online to make an appointment.

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Navarrette | Bowen, P.C. | Family Law Attorneys | Denton, TX

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