Child custody decisions can create confusion for many parents. Texas law, like many other states, divides custody into two distinct categories: legal and physical. Understanding the difference between these two forms of custody helps parents better prepare for court proceedings and co-parenting responsibilities.
Legal custody: Making important decisions
Legal custody refers to the right and responsibility to make significant decisions about a child’s life. These decisions include education, healthcare, and religious upbringing. A parent with legal custody holds the authority to determine these matters.
In Texas, courts often award joint legal custody, which means both parents share decision-making responsibilities. However, one parent may receive sole legal custody if the court deems it in the child’s best interest. It is also possible for a parent to have legal custody without physical custody. For example, a parent could retain the right to make educational decisions, while the child primarily resides with the other parent.
Physical custody: Where the child resides
Physical custody deals with where the child lives. This determines the child’s primary residence. A parent with primary physical custody typically has the child living with them for the majority of the time. Texas courts consider factors such as the child’s needs, the parents’ ability to care for the child, and the child’s preference (if they are old enough) when deciding physical custody.
Joint physical custody, where the child spends roughly equal time with each parent, is also an option. Courts establish a possession order, which outlines the specific schedule for each parent.
Moving forward
Understanding these distinctions allows parents to focus on what matters most: the well-being of their child. The details of any child custody arrangement should reflect the unique needs of the family.
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