The Love DuCote Law Firm LLC Legal Blog

Child custody: How the court decides

When a Texas married couple with children decides to divorce, they may wind up in opposing positions in court if they disagree about important child-related issues. Child custody cases are often complex, and the court uses its discretion to decide each case based on its own merits, in accordance with state. There are typically two primary factors of concern regarding custody, one being where the children in question will reside after divorce and the other, who will have legal authority to make decisions regarding them.

Physical custody refers to children’s post-divorce residence. Some parents share physical custody, meaning their kids travel back and forth between two households. In certain situations, the court might determine it best to grant one parent sole physical custody. Legal custody, on the other hand, refers to decision-making authority.

The court will identify the primary caretaker of the children in a particular case, typically based on which parent spent the majority of time with the kids during marriage and who was typically responsible for providing for their temporal needs. A judge will also consider the income level of both parents, as well as their physical and mental states of health. The court’s decision-making process is always focused on the best interests of the children.

Child custody cases are much less complex if both Texas parents involved in a specific case can agree on all or, at least, most of the issues. It is helpful to seek support by requesting a consultation with a family law attorney before heading to court. A lawyer can help a concerned parent achieve a settlement or, failing that, a court order in as swift and amicable a fashion as possible.

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