The Standards for Determining Custody | The Different Types of Custody
When you’re going through a divorce and there are minor children, there are few things more important than the determination of custody and the arrangements for visitation. If you’ve never been involved in a divorce, you may have little understanding of how Texas handles these issues. Here are answers to the most frequently asked questions we hear about child custody and visitation in Texas.
Nearly Half of All Divorce Proceeding Involve Families with Minor Children
A recent study by Bowling Green State University found that more than four of every ten individuals nationwide who have been divorced have at least one minor child. More often than not, the mother has primary custody (52% of the time).
Frequently Asked Questions about Child Custody and Visitation in Texas
Q: How are child custody and visitation determined in Texas?
A: In Texas, as in most states, the priority when establishing custody and visitation is the best interests of the child. The courts take a wide range of factors into consideration when assessing what’s best for minor children, including:
- The emotional and physical needs of the child
- The ability of each parent to care for and meet the needs of the child
- The stability of each parent’s home
- The child’s wishes, if the child has reached a certain age (typically 12 years of age)
Q: What is the difference between physical custody and legal custody?
A: Physical custody refers to where the child actually spends the bulk of his or her time and where his essential belongings can be found. Legal custody refers to the ability to make decisions about the child’s well-being. The courts tend to favor joint legal custody and have historically granted primary physical custody to one parent, but that is slowly changing, with more courts being willing to give the parents joint physical custody.
Q: Can the parent with physical custody deny visitation if the other parent isn’t meeting his or her child support obligation?
A: No. A parent’s right to visitation is not conditional on the timely payment of child support. A custodial parent who wrongfully denies visitation may be in contempt of court.
Contact DTX Family Law for Guidance in a Texas Divorce
At DTX Family Law, we always give top priority to the needs and best interests of our clients. We know that the legal process can be complex and confusing, and we’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606. We can help you determine whether an agreement incident to divorce is in your best interests and can draft one for you, if necessary.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties, as well as the cities of Flower Mound, Highland Village, Bartonville, Lake Dallas, Corinth, Frisco, Northlake, Trophy Club, Haslet, Justin, Ponder, Coppell, The Colony, Lantana, Argyle, Roanoke, Copper Canyon, Hickory Creek, Lewisville, Little Elm, McKinney, Allen, Princeton, Anna, Lavon, Melissa, Parker, Lavon, Westminster and Weston