Child Custody in Texas
Divorce can be especially trying when the custody of a child is involved. In Texas there are many laws surrounding custody that can be important to know before entering the courtroom.
Texas courts uphold presumptive joint managing conservatorship, also known as joint physical custody. This means the court is required to grant both parents as joint managing conservators unless there is evidence that the decision would cause significant harm to the child, either physically or emotionally.
Understanding Joint Custody
Joint managing conservatorship does not necessarily mean parents will have equal access to the child. It is the sharing of parental duties by two parties, even if one party holds exclusive power to make certain decisions concerning the child. There will not necessarily be equal or near-equal periods of physical access to the child and there is usually a designated primary physical residence for the child.
Joint legal custody is also an option in Texas courts. In this ruling both parents are given full legal custodial rights. These include decision-making power concerning the child’s health and education and the right to any pertinent information concerning the child. The following factors can be taken into consideration when a court is ruling on a joint legal custody case:
- How the child will benefit from join custody, either physically or emotionally
- The ability of the parents to reach shared decisions in the child’s best interest
- The ability of the parents to take the welfare of the child as top priority
- If the child is age 12 or older, the preference of the child
- The physical distance between both parents
- Each parent’s participation levels in child-rearing prior to filing for divorce
- The ability of each parent to accept and support a positive relationship between the child and the other parent
A divorce lawyer can help you navigate the many legal issues involved in a custody trial. If you are in need of help with your custody case, contact the Denton divorce lawyers of Alexander & Associates at 972-420-6560.
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