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Child Custody

Child custody is a legal term for describing the relationship and duty between a parent and child in light of situations where both parents of the child no longer wish to share a relationship with each other. Such a situation may involve a , an annulment, or a separation, in which children present in the relationship may not reside with both parents and must be under the primary care of a parent that will make decisions for the child and care for the child. The state courts have in deciding which parent the child will reside with based on the child’s best interests. Typically, each state has factors in deciding custodial arrangements, considering the following in some form or another:

Watch the video below to learn more about child custody during divorce.


  • Age and sex of the child.
  • Emotional ties between the parties involved and the child.
  • Relationship between child and siblings, if any.
  • The capacity of the parties seeking custody to provide a loving, nurturing environment for the child.
  • The capacity and resources to provide the child with food, clothing, medical care or other necessary care.
  • The characteristics of the parties seeking custody: age, physical and mental health, stability, character.
  • The effect of the continuation or proposed disruption of the existing home of the child.
  • The preferences of the child, if the court deems the child physically and mentally mature enough to make such decisions.
  • The ability of the parties involved to come to an acceptable arrangement regarding visitation of the child with the other parent.
  • Abuse or witnessed by the child by either parent towards the child, another sibling/close relation or against one another.
  • Other relevant factors particular to a child custody dispute.

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Types of Custody

  • Physical Custody A parent will have the right to have the child reside with him or her. When a child mostly resides with one parent and has visitation rights with the other, the parent whom the child primarily resides with has sole physical custody. In situations where there is joint physical custody, both parents have the right to spend significant amounts of time with the child and have the child reside with them, given they all reside in the same general vicinity.
  • Legal Custody-This means a parent will have the right and responsibility to make decisions about a child’s care and upbringing, including schooling, medical care, religion, etc. If parents share joint legal custody, both parents will have the opportunity to partake in decisions regarding their child’s welfare. However, if both parents have divergent views regarding their child’s welfare, intervention from the court may be necessary.
  • Joint Custody-This means that parents share the responsibility of caring for their child, making decisions on issues regarding schooling, health, etc. Most states recognize two kinds of joint custody: physical custody and legal custody.
  • Sole Custody-In this arrangement, the court grants only one parent legal and/or physical custody of a child. The other parent will most likely have visitation rights. Such a situation may arise if the other parent is considered unfit by the court, due to substance abuse, a history of physical abuse or other deciding factors.

What is the difference between Joint and Sole Custody?

In Texas, the term is used in place of the word custody. In joint parenting, both parents share the decision making role regarding the children. Joint custody is presumed to be in the best interest of the child. Sole custody situations are usually limited to situations involving violence between the parties or other circumstances which render joint decision making unworkable. Joint custody does not eliminate child support obligations or significantly impact access schedules. Primary conservators designate where the child will primarily reside, though usually limited to a defined geographic area or school district. Both parents retain the right to attend school functions, meet with teachers and doctors and be contacted in the events of emergency.

While child custody arrangements can get sticky, it helps to have a schedule. The court can impose an arrangement of some sort, if both parties cannot work out a schedule. It is common to alternate weeks and months for visitation or else reserve weekends for the other parent. However, it also helps to keep in mind how the child feels being shuttled back and forth. In most cases, arrangements are made amicably because both parents have the child’s best interests at heart.

We also suggest that both parties keep records of expenditures towards the child, in case of disagreements in the future.



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