4 Types of Child Custody

4 Types of Child Custody4 Types of Child Custody

Children are often considered as the most important asset in a divorce. Divorce i.e. the parting of ways between the two spouses can have an adverse effect on the health and happiness of their children. For them, not being able to live with their parents can be a blow that is hard to recover from.

Once the two spouses have decided to call it quits in their relation, the court needs to decide who gets the child and how will the child’s custody be shared among the two parents.  This article outlines the four types of child custody existing in the State of Texas.

·        Legal Custody

The court will decide which parent should be awarded the legal custody of the child.  Legal custody is the power of making decisions about the child and his or her future given to either one or both of the parents. This will involve taking decisions on where to live, which school to attend, which religion to adopt and which hospital to be treated in, etc. Typically, the court will order a joint legal custody between the two parents so that both of them are kept in the loop in shaping the child’s future.

·        Physical Custody

Similar to legal custody, physical custody is awarded by the family law courts in Texas keeping the best interest of the child at heart. Physical custody is actually being physically present with the child as they grow up. Sometimes this custody will be shared between the two parents, but typically unequally, with one of the parent getting a lion’s share of the physical custody. Parents who are involved in recent criminal offences or child, wife or substance abuse are least likely to get physical custody orders in their favor.

·        Joint Custody

As mentioned above, both legal custody and physical custody can be shared between the two parents. This is called joint custody, where both the parents are able to enjoy the physical presence of the children according to their allocated times and have the ability to make decision on the child’s future in consultation. Joint custody orders are typically the most common ones, especially if the child is small and needs both the parents in their life.

·        Sole Custody

Sole custody is the exact opposite of joint custody. A court orders whole sole custody to one of the parent, limiting the other parent’s rights to visitations only, as far as physical custody is concerned. In terms of legal custody, a sole custody order in favor of one of the parent’s means they have complete autonomy to take decisions about the child’s future, disregarding the whims and wishes of the other parent.

If you think you need help in your child custody case, contact the best family lawyers in Texas. Nelson Law Firm PC is there to help you deal with all your family law and divorce related problems. Just contact us at Nelson Law Group PC at 972) 808.7227. To find out more about Brett Nelson visit BrettANelson.com