Understanding Child Custody in Texas There are two seperate aspects of custody, physical and legal. Physical custody refer to the actual time a child spends with each parent. Legal custody refers to major decision making about your children, including their education, religion and health care. Decisions about where the children will go to school, what church they will atend and who will provide medical and dental care are some examples of legal decisions. Whether your children wear braces, play soccer or have certain friends are also examples of legal decisions.
From one jurisdiction to another, courts use varying terms to describe custodial relationships between parents. There are typically seven ways custody is described.
- Sole Custody: This means that one parent has both legal and physical custody
- Joint or Shared Custody: This means that the parents share equally in both legal and physical custody.
- Sole Legal Custody: This means that one parent makes all major decisions about the children
- Joint or Shared Legal Custody: This means both parents make major decisions about their children together
- Primary Physical Custody: This means the children live with one parent most or all of the time. The other parent may still have visitation.
- Joint or shared physical custody: This means the children spend roughly half their time with each parent
- Joint or shared physical and legal custody: This means that parents make major decisions about their children together and the children spend roughly half their time with each parent.
It is difficult for a court to determine a child’s preference. Psycologists tell us not to ask a child which parent she wants to live with, as this is putting too much pressure on a chld who is already stressed out because their parents are getting a
divorce. Usually prefrence is explored indirectly, by asking the child about her activities, favorite things to do with each parent and similar questions.
You don’t have to like your ex spouse, but for the children’s sake, there must be some sort of mutual respect shown. It is always in the best interests of your children when you and your ex spouse can communicate in an effective and professional manner.
If you do not have some form of legal custody, you will not be able to make decisions about your children’s activties and future. You will have to submit and comply with the decisions made by the parent who does have legal custody. If you are a parent who is denied custody, make sure you ask the for the right to have access to medical and educational records. Although this doesnt give you the ability to make decisions, it will allow you to monitor your child’s progress.
Divorce -
Divorce Guidance
