Child Custody in Texas

Last week we talked about the hardships of divorce, especially when children are involved. We also discussed a little bit about child custody laws. The state of Texas recognizes two main categories of child custody, legal and physical and with assigned to two sub-categories, sole and joint.

Types of Child Custody

While Texas courts have options when issuing a custody order, joint custody is what they favor. According to Divorce Source, “the courts favor granting both parents access to the child absent parental misconduct, such as neglect, domestic violence or abuse. Shared custody means both parents share in all aspects of a child’s upbringing. Both parents make medical decisions, and both parents can sign medical release forms and have access to the child’s medical records. Both parents may also be apprised of all aspects of the child’s education.” It is also in the best interest of the child if the home environment of both parents is a positive one which is described in Texas Family Code Section 154.004; you can read more at Divorce Source.

We mentioned the two main categories of child custody, legal and physical. The difference between the two is that legal custody has more to do with the rights and responsibilities of the parent as opposed to the physical aspect of where the child will reside. The parent that has legal custody makes overall welfare decisions such as medical and healthcare decisions, education, and even decisions on religious practices. When parents share joint legal custody or joint conservatorship, they share custody in all aspects of the child’s life. Joint physical custody is when the child splits their time living with both parents. When one parent makes key decisions for the child and has physical custody of the child, they have sole conservatorship. The other parent may have visitation rights, but that does not give them custodial rights.

Edmondson Law, PLLC- Family Law Attorney

These are just a few guidelines to help you better understand custody in Texas. But the best way is to seek help from a professional attorney that has experience in child custody. The team at Edmondson Law, PLLC is here to answer your questions and help guide you in this challenging time. Contact us today and schedule a free consultation by calling 972-442-8326. We are here to fight for you.

Information, Not Legal Advice. We provide the information on this website as a public service. The legal landscape is constantly changing and being modified by state law and case law. As a result, we cannot promise that this information is always up-to-date and reflective of the most current jurisprudence.

We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through our number (972) 442-8326 or contact another attorney of your choosing.