Practice Areas - Domestic
DIVORCE/ CHILD
CUSTODY / SUPPORT
CHILD CUSTODY:
The
Courts in Texas must make decisions concerning children
based on what is in the best interests of the children. "Joint legal
custody" is the preferred custodial arrangement where both parents
are found to be fit and proper persons to care for the children.
Joint custody means both parents have equal rights and
responsibilities to the child and each should consult with the other
concerning major decision concerning the child, i.e. education,
medical decision, religious training. Joint custody does not
typically mean that the children will spend an equal amount of time
at each parent's home. One party will be named the "primary
custodian" which means the children will live primarily at that
party's home subject to the other party's visitation rights known as
possessory conservatorship in Texas. "Split custody" is
the situation where the children live equal amounts of time with
each parent. This arrangement is less common as it does not provide
much stability for children, particularly once they are school-aged.
"Sole custody" is the situation where one parent is given the power
to make all decisions concerning the child, as well as physical
custody of the child. The other parent may still be involved with
the children and be entitled to parenting time. Further, the non
custodial parent may still be required to pay child support.
