When a couple in Texas decides to divorce, one of the most important decisions they will have to make is determining custody of their children. The state of Texas has specific laws in place that govern child custody decisions, and it is important for both parents to understand these laws so they can make informed decisions about the best interests of their children.
In Texas, child custody is determined through a process known as the “best interests of the child” standard. This standard takes into account a variety of factors that are deemed to be important in determining what living arrangement would be best for the child. These factors include the child’s age, physical and emotional health, and relationship with each parent, as well as any history of abuse or neglect by either parent.
The court will also consider the ability of each parent to provide a stable and loving home for the child, as well as their ability to meet the child’s physical, emotional, and educational needs. In addition, the court will also consider any special needs or circumstances that the child may have, such as a disability or chronic health condition.
There are two types of custody in Texas: legal and physical. Legal custody refers to the parent’s ability to make important decisions about the child’s upbringing, such as medical treatment, education, and religion. Physical custody refers to where the child will primarily reside.
In most cases, the court will award joint legal custody to both parents, which means that they will have equal say in making important decisions about the child’s upbringing. Joint physical custody, however, is less common, as it typically requires both parents to live in close proximity to one another and be able to cooperate effectively in raising the child.
If joint physical custody is not possible, the court will typically award primary physical custody to one parent, with the other parent being granted visitation rights. The parent with primary physical custody is responsible for the child’s day-to-day care and is typically referred to as the “custodial parent.” The other parent, known as the “non-custodial parent,” typically has the child during weekends, holidays, and summers.
It is important to note that the court will always prioritize the best interests of the child when making custody decisions. This means that the court will not automatically award custody to the mother or the father, but will instead carefully consider all of the relevant factors and make a decision that is in the child’s best interests.
In order to ensure that your child custody case is handled fairly, it is essential that you have an experienced attorney on your side. An attorney can help you navigate the legal process, advise you on your rights, and represent your interests in court. With the help of a skilled attorney, you can be sure that your child’s best interests are protected throughout the divorce process.
In conclusion, the process of determining child custody in a Texas divorce can be complex and emotional. It is important for both parents to understand the state’s laws and the factors that the court will consider when making a custody decision. With the help of a skilled attorney, parents can ensure that the process is handled fairly and that the best interests of their children are protected throughout the divorce.