When discussing child custody in Texas, it’s not unusual to come up on the topic of whether both parties will have joint custody or if one gets sole custody of a child. Each will have its own set of responsibilities and rights, as well as an impact on the parent and the child. Here’s a quick overview of the meaning of sole custody and joint custody, and what to expect.
Physical and Legal Child Custody
Custody of a child in Texas can be broken down into two things- physical and legal. Physical custody is often referred to as ‘possession and access’ and includes elements such as visitation rights, where the child is staying, and who can visit or spend time with them. When legal custody is given to a parent, they will be responsible for making decisions about their child’s life, upbringing, and future.
In the children’s best interest, most courts will assume that shared or joint physical custody is the optimal course of action. However, the courts can choose sole custody when there’s evidence or history of child neglect, substance abuse, child abuse, or domestic abuse.
Sole Child Custody
In a sole custody ruling, one parent will have complete guardianship over the child. This means they will be the one to make important decisions and have total physical custody as well. It’s worth noting that Texas courts will only rule this if joint legal custody is not beneficial in any way.
The parent who has sole custody can make important decisions without having to consult their partner. The other parent can have visitation rights, but the child’s residence will be held by the sole conservator.
Decision-making is faster and more streamlined as there’s no argument. However, the parent will have increased responsibility, and they will feel the stress of it since they will handle the weight alone. The child can benefit from a consistent and stable environment. However, there might be feelings of alienation or abandonment if the child does not see the other parent as being involved.
Joint Child Custody
Joint custody is often called ‘joint conservatorship’. It’s when both parents have equal physical custody and legal custody. They will have to come up with a decision involving the care and well-being of their child. Under this ruling, the child can spend time at either parent’s home, and the parents will divide the responsibilities among themselves.
In layman’s terms, both will have to agree on how to raise their child, as well as cooperate when it comes to their child’s needs. However, there’s a layer of complexity involved, especially if both divorced parents are in a strained relationship.
Joint child custody in Texas can have a positive impact in that it fosters emotional security and stability. There are definitely challenges with this kind of arrangement depending on the dynamics of the parents, and the child will have to adjust to new rules and routines.
Get Help for Child Custody in Texas Today
The Law Office of Allen Roach Texas can help when it comes to understanding child custody laws in Texas. Give us a call or reach out today!