Understanding Child Custody Laws in Texas: What Every Parent Should Know

06 Apr Understanding Child Custody Laws in Texas: What Every Parent Should Know

Divorce or separation can be a difficult and emotional time, especially when children are involved. One of the most important issues to address during this process is child custody. It’s important for parents to understand the child custody laws in Texas in order to make informed decisions about their children’s future.

Types of Custody in Texas

In Texas, there are two types of custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child’s upbringing, such as education, medical care, and religious instruction. Physical custody, on the other hand, refers to where the child lives and who takes care of them on a day-to-day basis.

Sole Custody vs Joint Custody

Texas law recognizes both sole custody and joint custody. Sole custody means that one parent has legal and physical custody of the child, while the other parent has limited or no visitation rights. Joint custody means that both parents share legal and physical custody of the child.

Determining Custody in Texas

When determining custody in Texas, the court will consider a variety of factors, including the child’s best interests, the parent’s ability to care for the child, and any history of family violence or abuse. The court may also take into account the child’s preferences, depending on their age and maturity level.

Parenting Plan

In Texas, parents are required to create a parenting plan that outlines how they will share custody of their child. The parenting plan should include a schedule for when the child will be with each parent, as well as how important decisions will be made regarding the child’s upbringing. The parenting plan should be created with the child’s best interests in mind.

Modifying Custody Orders

If circumstances change after the custody order is issued, such as a parent moving or a change in the child’s needs, either parent can request a modification of the custody order. However, they must be able to demonstrate a significant change in circumstances that warrants a modification.

Conclusion

Child custody is a complex and emotional issue, but it’s important for parents to understand the laws in Texas in order to make informed decisions about their children’s future. Whether pursuing sole or joint custody, it’s important to prioritize the child’s best interests and work together to create a parenting plan that meets their needs. If you have questions about child custody in Texas, consult with a member of our team who can guide you through the process.