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Child Custody Solutions in Round Rock, TX

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Understanding Types of Child Custody in Texas

Custody can be awarded in one of two ways. There can be sole custody, wherein one parent has control. And there can be joint custody, where authority and control are shared. Texas law starts with the presumption that the best interests of the child are served by each parent having an equal say in the life of their child. If a parent believes they should have sole custody, the responsibility lies with their Round Rock child custody attorney to demonstrate why.

Furthermore, custody is split into two different categories. There is physical custody and there is legal custody. It’s possible for a parent to have sole custody in one area and joint in the other.

  • Physical custody refers to where the children’s primary residence will be.
  • Legal custody refers to decision-making authority on important areas of the children’s lives–like religion, education, and medical care.

It’s possible then, for a Texas court to conclude that the best interests of the child are served by one parent having sole physical custody (with visitation rights for the non-custodial parent), while joint authority is maintained for legal custody decisions.

The reason is this–the sole, overriding factor in all child custody decisions is what is the best interests of the child? The uniqueness of every single circumstance means that the best interests of the child might not always align with what each parent might consider fair.

A prime example might be: A divorce where one parent is going to keep the house the family has been living in, with the other parent buying a new home a short distance away.

  • Under this scenario, both parents are responsible, and each have a reasonable claim to share joint physical custody. This might involve the kids trading off weeks or months at each parent’s house.
  • But a court might conclude that the best interests of the child are having the stability of staying full-time in the same house that they’ve been living in.

In this example, we’re assuming two responsible parents, so the court will keep joint custody for legal decision-making, but award sole custody on the issue of where the children live.

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How Does Sole Custody in Texas Work?

Sole custody in Texas, also known as sole managing conservatorship, grants one parent exclusive rights and responsibilities regarding the child’s upbringing. In this arrangement, the custodial parent has the authority to make decisions about the child’s education, healthcare, and general welfare without consulting the non-custodial parent.

To obtain sole custody in Texas, the custodial parent must demonstrate to the court that granting sole custody is in the child’s best interests and that the non-custodial parent poses a risk to the child’s safety or well-being. Factors such as the non-custodial parent’s history of abuse, neglect, substance abuse, or criminal activity may influence the court’s decision.

It’s essential to note that even in cases of sole custody, the non-custodial parent typically retains visitation rights unless deemed unfit by the court. Additionally, Texas family courts generally prefer shared custody arrangements that allow both parents to play an active role in their child’s life whenever possible. Therefore, sole custody is usually awarded only in situations where joint custody is not feasible or poses a risk to the child’s safety. Consulting with a knowledgeable child custody lawyer in Round Rock, TX, like Pennington Law, can provide valuable guidance and legal representation throughout the custody process.

Get Support from Our Round Rock Child Custody Lawyers

Looking for expert guidance in Texas child custody matters? Trust Pennington Law in Round Rock, TX. Our dedicated team of child custody attorneys understands the complexities of family law and will advocate for the best interests of you and your child. Contact us today for compassionate legal support tailored to your needs

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