During a divorce, one of the most important considerations is which parent will have primary custody of the children. The courts generally encourage the parties to work toward a mutual agreement to meet the custody and care needs of their child, but disagreements could pop up. Fortunately, a respected child custody attorney could help you decide what types of custody in Frisco will be best for your family’s needs moving forward.
When you are going through a divorce, you might be wondering what kinds of child custody arrangements exist. The term “custody” refers to both legal custody and physical custody. When you have legal custody, you have the right to make long-term decisions regarding the child’s life, including decisions about their education, religion, schooling, extracurricular activities, and healthcare. Meanwhile, physical custody refers to where the child resides. Non-custodial parents have visitation rights regardless of where the child lives.
Within the realms of legal and physical custody, there are a few different arrangements that could apply.
When one parent is deemed to be unfit, the court may award sole custody to the other. This means that only one parent has legal custody and physical placement of the child. It is extremely rare for this to happen since the court must first definitively determine that one parent is incapable of providing the care that the child needs.
More often, parents will have joint custody of their child. This means that both parents share the care and control of their child’s upbringing. The child will have two residences and split their time between them.
Parents with joint custody are expected to make important decisions about the child’s upbringing together. For example, when one parent expresses an interest in private school and the other does not, they are expected to come to a mutual agreement in the child’s best interests. The court may step in and order a parenting plan if the former spouses cannot agree on legal decisions.
The court may award temporary custody during pending proceedings. For example, when there are allegations of domestic violence or substance abuse in a divorce, the judge may award one parent temporary custody to protect the child until a more thorough decision can be made.
When there are multiple children, parents may opt to split custody. In these arrangements, each parent has legal and physical custody of one child. This is somewhat rare as parents and the court tend to favor keeping siblings together unless there is a strong reason not to.
When making a custody decision, the court applies the best interests of the child standard. Essentially, this means the court evaluates a variety of factors to make a custody decision. Relevant factors could include:
The goal is to come to a custody decision that ensures the proper care and best interest of the child. For example, while the child may indicate a preference for living with their father, it may not make sense to give him physical placement if the mother lives closer to the child’s school. The court will weigh the relevant factors and the parents’ preferences to come to a resolution. Depending on the case, the court may also recommend developing a parenting plan or visitation schedule. For more information about the process of determining which types of custody are the best fit, consult a local Frisco attorney.
Contact a Frisco Attorney for More Information About Different Types of Child Custody
Disputes regarding custody are some of the most contentious issues in family court cases. The assistance of an attorney is invaluable when determining the proper custody arrangement for your child.
Whenever you have questions regarding the types of custody in Frisco, contact an attorney from the Towson Law Firm, PLLC for a free consultation. We pride ourselves in practicing family law the right way and handling child custody matters with the sensitive consideration they deserve. We could provide helpful advice and insight into the family court process and assist parents with developing a visitation schedule to meet their child’s needs.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
