In the midst of divorce, couples must decide how important decisions regarding their children’s upbringing will be handled and how much time each parent will have with their child or children. In some situations, parents may reach an agreement on custody and/or visitation rights, which is outlined in a parenting plan. The plan serves to reduce conflict by detailing each parent’s responsibilities. For couples that cannot agree, the court will be forced to issue a decision.
Navigating the complexities of the court process can be grueling for both parents and the children involved. At Cook Law, we understand the importance of continuing to foster a strong bond with your child while providing the most stable home environment upon separation from your spouse. Our San Antonio, TX, child custody lawyers understand the significant differences between legal and physical custody as well as the role that a family law attorney plays in the process.
Parental Responsibilities and a Child’s Living Arrangements
In Texas, child custody orders address two types of custody: legal and physical. Both types of custody involve dividing your family into two separate households. You must understand the difference between the two so that you are aware of your parental duties post-divorce.
Legal Custody
Legal custody concerns which parent will be granted decision-making power regarding a child’s education, medical care, religious upbringing, extracurricular activities, and other matters related to their upbringing. Texas law uses the term managing conservatorship to refer to legal custody. Therefore, a person who is appointed to manage a child’s affairs is known as a conservator.
In San Antonio, a court may grant sole or joint legal custody. In sole legal custody, also known as a sole managing conservatorship, one parent has the exclusive right to make crucial decisions regarding their child’s welfare. The sole legal custodian will have no obligation to consult with the other parent. Generally, sole legal custody is only granted when the court believes that one parent is unfit, which may be due to a history of alcohol or drug addiction or failing to be involved in the child’s life.
In contrast, joint legal custody, also known as a joint managing conservatorship, allows both parents to make important life decisions for their child. Both parents will have equal say in these decisions, with the court stepping in if they are unable to reach a consensus. In determining what custody arrangements are best for the child, Texas Family Code §153.003 states the court will not take either party’s sex or marital status into account before rendering a decision. Instead, the decision will be based on each party’s qualifications and what arrangements are in the child’s best interest.
Physical Custody
The parent with whom the child lives has physical custody. Texas law refers to physical custody as possessory conservatorship. Similar to legal custody, physical custody has two types: sole and shared. Sole physical custody may be granted if one parent is deemed unfit to care for the child’s basic needs. The child would reside with the sole possessory conservator, with the other parent potentially being granted visitation rights.
The other type, shared physical custody, would involve the child spending relatively equal time with each parent. This could include alternating weeks, splitting up the week between two households, or a similar arrangement. Physical custody is unique in that the court may grant primary possession to the parent who has been the child’s primary caregiver.
The child will spend more time with the parent who has primary possession, with the non-custodial parent seeing the child on weekends, vacations, or holidays. No matter what the specifics, a possessory conservator will have the same rights and duties as a managing conservator while the child resides with them.
How Can a Custody Lawyer Help Me?
The court looks at different factors when determining what living arrangements are best for your child and which parent should be given decision-making authority. If your child is at least 12 years of age, a judge may allow them to provide their preference on who they want to live with. However, this is only a means to guide the judge and is in no way the sole deciding factor.
No court knows your family as well as you do. If you believe that it is in your child’s best interest to live with you or that you should be awarded sole legal custody, our custody attorney may be of assistance. Our firm can help you gather the evidence needed to demonstrate the lasting bond you share with your child and the importance of retaining access to your child. The court believes that every child deserves to be loved by both parents, and our firm is committed to helping you stay a significant part of your child’s life.
A San Antonio, TX, Child Custody Attorney Providing Family Advocacy
Getting a divorce is a life-altering change, only compounded by the fear of not being able to see your children. At Cook Law, our San Antonio, TX, child custody lawyer has successfully advocated for every child’s welfare. If you are ready to get started, do not hesitate to contact our office online or by phone at (210) 740-0281 to arrange your consultation.