Types of Child Custody in Texas

Posted By Menduni Martindill, PLLC || 19-Nov-2014

When the parents of a child are no longer involved with one another, one of the hardest decisions they will need to make is how they are going to divide their time with the child. Known as child custody, this legal decision is heavily impacted by what is in the best interests of the child when it comes to spending time with their parents. Texas law ensures that neither parent is favored, as the relationship of each parent with the child is taken into deep consideration by the court.

How can child custody be determined?

The court will look at the parent's willingness to share custody, the child's relationship with their parents and personal preference, and which home will be the most stable for the child and allow them the most personal growth.

Depending on this information, there are a few types of custody that court can issue:

• Temporary custody. This refers to who has the child at the current moment in time and who will be responsible for the child until another decision is finalized. This will have nothing to do with the outcome of the case and just determine what is in the best interest of the child.
• Sole custody. The child will live solely with one parent, who will have the right to make legal decisions for the child on their own.
• Split custody. When more than one child is involved, it may be possible for the children to live with different parents instead of all under the same roof.
• Joint custody. Joint custody occurs when both parents share some combination of legal and physical custody as decided by the court.
• Legal custody. The long-term decisions for the child concerning their education, discipline, medical care and other factors are determined by those with legal custody.
• Physical custody. Determines where the child resides and who is responsible for making everyday decisions.

It is important to know that child custody arrangements are never considered to be final or permanent. Either parent can come back to the court to request a different arrangement if circumstances necessitate this change.

When your family is on the line, you cannot leave the decision of the court up to chance. The attorneys at Menduni Martindill, PLLC know that you need to act in the best interests of your family, both on the short-term and the long term level. Contact our firm for more information about how we can benefit you.