The Love DuCote Law Firm LLC Legal Blog

Child custody: When is sole custody best?

In many Texas divorce cases, the court often determines that the children in question will fare best if they split their residence equally between both parents’ households. Shared child custody is an ultimate goal in many divorces. On the other hand, certain issues may prompt a concerned parent to request sole legal and/or primary physical custody of his or her children.

The court always has children’s best interests in mind when ruling on custody issues. There are numerous reasons that a judge overseeing a particular case might rule in favor of a parent who has requested sole custody, including:

  • Physical, emotional or mental abuse of children
  • Evidence of alcohol or drug abuse
  • Incarceration of a parent
  • Mental instability of a parent
  • Relocation within the United States or abroad

Physical custody refers to where children will live. Legal custody, on the other hand, refers to the authority to make decisions regarding children’s education, health and other important life issues. The issues included on this list, among other issues, are legitimate causes for concern that might prompt a parent to request sole custody of his or her children.

An experienced family law attorney can provide support for all child custody and other divorce-related issues. A Texas parent facing issues that he or she doesn’t feel equipped to handle alone may request a consultation before heading to court or at any time during the divorce process. Relying on an experienced attorney to advocate on one’s personal behalf alleviates some of the stress that typically exists when two parents are at odds about child custody issues.

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