Custody is one of the most important and often contentious issues in a divorce case in Texas. The state’s laws and courts prioritize the best interests of the child when determining custody arrangements, but that doesn’t always mean that the process is easy or that parents will agree on what those best interests are.
When it comes to child custody in Texas, there are two main types: legal custody and physical custody. Legal custody refers to the right to make decisions about a child’s upbringing, including education, healthcare, and religious upbringing. Physical custody refers to where the child will physically reside.
In Texas, courts generally prefer to award joint legal custody, meaning both parents have the right to make decisions about the child’s upbringing. However, if the court finds that one parent is unable or unwilling to make decisions in the best interests of the child, sole legal custody may be awarded to the other parent.
Physical custody can be either joint or sole. Joint physical custody means that the child splits their time between both parents’ homes, while sole physical custody means that the child primarily lives with one parent and has visits with the other.
When determining custody arrangements, the court will consider a variety of factors, including:
- The child’s current living situation and which parent has been the primary caregiver.
- The emotional and physical needs of the child.
- The ability of each parent to provide for the child’s needs.
- Any history of abuse or neglect by either parent.
- The child’s relationship with each parent and any siblings.
- The child’s preference, if they are old enough to express one.
If the parents are unable to come to an agreement on custody arrangements, the court will make a decision based on the best interests of the child. However, even if the court awards one parent sole physical custody, the other parent will still have the right to reasonable visitation with the child. This can include regular scheduled visits, holidays, and summer vacation.
It’s important to note that custody arrangements are not set in stone and can be modified in the future if circumstances change. For example, if one parent is deployed overseas or relocates to a different city, the custody arrangements may need to be adjusted.
In Texas, both parents have a legal duty to support their child financially. The noncustodial parent will typically be required to pay child support to the custodial parent to help cover the costs of raising the child. The amount of child support is determined by the court and is based on a set of guidelines that take into account the income of both parents, the number of children, and other factors.
In summary, custody is one of the most important and often contentious issues in a divorce case in Texas. The state’s laws and courts prioritize the best interests of the child when determining custody arrangements. The court will consider a variety of factors such as the child’s current living situation, emotional and physical needs, ability of each parent to provide for the child’s needs, any history of abuse or neglect, the child’s relationship with each parent and any siblings and the child’s preference. Child support is also considered and is determined by the court based on a set of guidelines that take into account the income of both parents, the number of children, and other factors.