After a divorce or parental separation, partners often disagree about money, houses, and various physical assets. One of the most pressing conflicts is over where the children will spend most of their time. Determining which parent will have physical custody and which will have legal custody are some of the most common custody issues in The Colony.
If you are in a child custody dispute with your former spouse, an experienced child custody attorney is here to assist. Our committed lawyer knows how to protect your parental rights and could work with you to reach a favorable custody agreement.
Physical custody determines where the child lives, and legal custody determines who has decision-making authority over the child’s welfare and well-being. In Texas, parents can have sole, joint, split legal or physical custody, or a combination of those types. Many parents are able to work together to create a mutually beneficial parenting agreement; when parents cannot agree on a solution, a court could decide for them after evaluating what is in the children’s best interests. Parents facing custody issues in The Colony are encouraged to speak to a knowledgeable attorney who could help them understand their rights and the arrangements commonly available.
When a parent has sole custody of the children, that one parent has both physical and legal custody. Typically, the children live with the custodial parent full-time, but the noncustodial parent might be able to obtain visitation rights through a court order. The custodial parent also has complete legal custody, meaning they have the sole right to make major decisions about the children. With sole legal custody, one parent has the right to decide where their children go to school, receive medical care, what extracurricular activities they participate in, and what kind of religious upbringing they have.
Regarding custody issues, Texas courts commonly do not usually favor sole custody because they want a child to have a relationship with both parents if possible. Sole custody usually only occurs when a court determines that one parent is unfit.
Split custody occurs when a family divides the children; for example, one child resides with one parent, while the other lives with the other parent. Because split custody does not foster a relationship between siblings, it is not a typical arrangement in Texas. If a parent facing custody issues in The Colony believes splitting custody is in the children’s best interests, a skilled attorney could help them prove their case.
The most common custody arrangement in Texas is joint custody. When a family has joint physical custody, the child takes turns living with each parent. Some families split the physical custody of a child equally, where a child lives equal amounts of time with each parent. In other families, the child might spend weekdays with one parent and weekends with the other. Sometimes, courts award primary physical custody to one parent while granting visitation and parenting time to the noncustodial parent.
With a joint legal custody arrangement, the parents share decision-making authority over the child’s well-being. For instance, both parents must decide together whether a child will attend public or private school or whether a child will go to church every week.
If the parents experiencing common custody issues believe shared custody is the right solution, an attorney serving The Colony could work to make that happen.
Deciding on a custody agreement can be a very emotional process. An attorney could help you by explaining the various custody options, and work to help you amicably resolve the common custody issues in The Colony. A qualified legal representative from our firm could look at your family’s situation, paying close attention to the parents’ work schedules and the children’s individual needs, to help them develop favorable parenting schedules and custody arrangements. If your former partner is unwilling to cooperate, a diligent legal professional could aggressively fight to protect your rights to custody. Contact our firm today to schedule your confidential consultation.
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.