During a couple’s separation, the question of custody is brought up to the table. In court, custody and visitation get decided after reviewing the case and determining what is in the best interest of the child. As an experienced Arlington, TX divorce lawyer from Brandy Austin Law Firm, PLLC can explain, in Texas, the Judges will consider the child’s relationship with their relatives to organize custody. Children are typically presumed to go to their parents before others are considered.
What is custody?
In Texas, custody is often referred to as legal conservatorship. In court, custody is used to describe a parent’s relationship with their child. Custody is made up of two categories, physical and legal . A person with legal custody has the right to make long-term decisions for the child, such as education. In contrast, the person with physical custody is responsible for the child’s everyday needs. Guardianship is established after a divorce is finalized, paternity is established,SAPCR or CPS gets involved. Custody is divided into 4 main categories: sole custody, Joint-Custody, Temporary custody, and Split custody.
What is Sole Custody?
Sole custody is a legal term when one parent has full responsibility for a child. While the other parent in this situation, only involvement with the child is visitation and paying child support. With sole custody, the parent with custody is responsible for both the physical and legal responsibility of the child. The parent with 100 percent custody has provided the primary residence for the child.
What is Joint-Custody?
Joint-Custody is a legal arrangement based around shared parenting. With Joint custody, both parents have to negotiate the decision-making on the child’s life. Joint Custody is divided into three different categories. These categories include Joint legal custody, shared physical custody and combination. Joint legal custody is where both parents share responsibility for the child, but the child only has one primary residence. Shared physical custody on the other hand, the child has two residences. Combination custody revolves around both shared physical and Joint Legal Custody.
What is Temporary Custody?
Temporary custody is a protective order to place the child in a temporary home. Temporary custody is established when the child needs to be rehomed during the process of a divorce or custody battle..This is different from court-order custody, where it is mandated for the child to be taken out of the parent’s custody. Placing a child in a temporary home required the parents to file for temporary custody. To determine the rehoming, the court has to consider the best options for the child’s interest.
What is Split-Custody?
Split Custody is when the children in the household are separated between parents. For example, one kid stays with the mom while the other two stay with the dad. Split custody arrangements often involve gender preferences, ages, financial issues, and special needs children. Most times, in court, they will try to avoid separating the children in custody cases.
What is Bird’s Nest Custody?
Birds Nest Custody is where the children stay at one primary residence, while the parents take turns living with them. In Bird’s Nest Custody, both parents have to agree on the arrangements of their custody plan.With the arrangement, one of the parents will stay with their children for their set custody time before staying at a different residence.