During the process of divorce, the custody laws of the state of Texas play a major role in who will end up with the children. A judge will decide how the parents will divide the care of their children. The parent who is to maintain physical custody of the children will be the parent who cares for the children daily, which essentially means that the children will almost always stay with the parent who is given physical child custody.
In many custody arrangements today, although physical custody is given to one parent, visitation rights are granted to the other parent, or the non-custodial parent. In addition, this non-custodial parent shares legal custody with the custodial parent. With visitation rights, the parent who does not have child custody can still spend time exclusively with the children every couple of weekends, for several weeks during a summer vacation and during alternating holidays.
In past years, joint physical custody was more common, where both parents shared physical custody of the children. However, this arrangement is becoming rarer today. The main reason for this is that the children’s routines are not disrupted as much when just one parent has primary physical custody.
When parents go through divorce, figuring out child custody can be a major area of contention. However, if they can find common ground in this area, they may be able to put together a parenting agreement of which both parties approve. An attorney can help to make sure that one’s desires are reflected in such an agreement in the state of Texas.
Source: findlaw.com, “Physical Custody“, April 12, 2017