As many parents know, divorce can be especially hard when children are brought into the mix. Houston Divorce Now wants to enlighten parents on the concept of child custody and how you should go about it. In the end, you should want what will be best for your child. Do not let your feelings get in the way of your decisions. For the best outcome, talk to a trusted attorney about your divorce and child custody rights.
As you go through divorce, you will find yourself dealing with heartbreak and learning how to get over the long-term relationship you put so much effort into. Divorce can be especially difficult for children to understand, so, as a parent, you should want to maximize your role in their lives and help them through the process as well. You can do this buy figuring out what custody works for you.
Types of Custody
Child custody is the legal and practical relationship between a parent/guardian and the child. When specifically talking about custody, lawyers are referring to related concepts that are different.
Physical Custody – This custody involves where the child will be primarily living, and what the non-custodial visitation schedule will be. It is also possible to do joint physical custody.
Legal Custody – This custody refers to making authoritative decisions about your child. This mostly involves health and education decisions. It is possible to have Sole Legal Custody and Joint Legal Custody.
In Texas, these terms are referred to as “sole managing conservator,” “joint managing conservators,” “and possessory conservators.” You should discuss with your lawyer which route you would like to go, and from there understand what your role will be as a parent.
What Should You Pick?
As easy as it is to say you want an equal chance of working with your child and their life, it is harder than what it looks. Dealing with an ex-spouse while trying to be in your child’s life is difficult within itself. Before deciding to try to have Joint Custody pertaining to both physical and legal, you will need to determine if that will cause any problems. Many people find that if they are delt the non-custodian role, they wish to have Joint Legal Custody to help make life decisions for the child even though they may not be able to see them as much as they want.
If you are thinking of Joint Physical Custody, there will be some factors to consider before going to court. 50/50 custody arrangements can be quite difficult. Here are some things to consider:
Judge – When you know who the judge is for your case, you will need to think about if they will consider the 50/50 custody option.
History – Do you and your ex have a record of sharing duties? You will need to show a history of good co-parenting.
Location – If you live far away from your ex, it might be hard to obtain Joint Physical Custody because long travel can be difficult for children.