If you are facing a divorce that involves a shared child or a child custody case outside of divorce, protecting your parental rights is paramount. If your goal is full custody, it’s essential to understand that this typically means assuming the primary custodial role. While Texas uses the terms conservatorship, possession, and access, the basic concepts of legal and physical custody still apply.
Having a better understanding of child custody arrangements in Texas can help you affect a better case outcome, and an experienced San Antonio child custody attorney at Cook Law Firm can help.
Your Child’s Best Interests
It’s vital to consider your child-custody preferences within the state’s legal framework. When it comes to terms that directly affect children, Texas is always guided by their best interests.
Barring a grave reason for minimizing your ex’s legal and physical custody of your child, you can expect to share both. This is based on the well-established belief that children’s best interests are served when they have close, ongoing relationships with both parents.
Legal Custody
Legal custody refers to the authority to make primary parenting decisions on behalf of your child. The kinds of decisions addressed include those related to all the following:
- Education
- Religious upbringing
- Health care
- Participation in extracurricular activities and travel
Legal custody is often shared, but one parent may have the authority to break a tie if a mutually acceptable decision can’t be reached. These decisions can also be divided between the two of you according to category.
Physical Custody
The State of Texas will not strip a parent of their right to parenting time without a very good reason. This means that you and your child’s other parent will very likely share physical custody. If you become the primary custodial parent, however, you can expect more overnights with your child and the right to determine where they make their primary home, within the geographic limits set by the court.
Best Interest Factors that Can Support Primary Custody
Certain best interest factors tend to support one spouse becoming the primary custodial parent. These include:
- If you have been significantly more involved with raising your child to date
- When you are currently serving in the primary custodial role, and your child is doing well in terms of their home, education, and community
- If the court is convinced that you are committed to effective co-parenting and to bolstering your child’s relationship with their other parent
- When your schedule is better suited to the role than your ex’s
Don’t Wait to Consult with an Experienced Child Custody Lawyer
The compassionate San Antonio child custody attorneys at Cook Law Firm appreciate how vital your child custody terms are to you, and we will spare no effort in our focused pursuit of terms that work well for you and your child. Contact us online or call 210-740-0281 today.