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The fundamental of child custody

On Behalf of | Aug 18, 2022 | Child Custody

When parents divorce, their marital relationship ends, but both ex-spouses may wish to continue caring for their children. They might not necessarily agree about how to care for their children or even where they will reside. So, both parents may petition for sole custody in a Texas family court. Others may work out their differences during negotiations, but the judge must still sign off on the decision. Regardless of the situation, parents may benefit from learning as much as possible about child custody and what it involves.

Aspects of child custody

A common misconception about child custody centers on the idea that custody solely involves establishing where the child will live. While the custody arrangement would establish where the child resides legally, there’s another element to custody: legal custody. Legal custody allows a parent to make decisions about a child’s care, education and more. Of course, a parent may legally hold sole physical and legal custody, too.

Joint custody is another option that requires significant cooperation between the parents. If neither parent can agree on several matters, the court may find joint custody unworkable.

Child custody negotiations and decisions

Both parents could negotiate child custody decisions as part of amicable settlements. However, some divorces involve challenging child custody disputes. In these situations, a judge may decide who deserves legal and physical custody based on the evidence. The court would likely take the opportunity to review evidence to make decisions about child support.

Evidence may include anything that established a parental relationship or financial support. The evidence might also reveal aspects of a parent’s temperament and fitness. Text messages, phone records, videos, and more could serve as potentially acceptable documentation.