Different Types of Child Custody in Texas

When parents decide to divorce, they must make decisions regarding the care and custody of their children. In Texas, there are different types of child custody arrangements that can be made between divorcing couples, depending on the best interest of the child. It is important to understand these different types of child custody when making decisions about your family’s future.

In Texas, when people talk about “child custody,” they usually refer to conservatorship. Conservatorship is the legal right vested in one or both parents to make decisions for their minor child. This includes decisions related to health care, education, and other important aspects of their life.

Conservatorship can be divided into two types: legal and physical. Legal conservatorship involves the legal authority to make decisions on behalf of the child, while physical conservatorship involves where and with whom the child will live. These two types of conservatorship can be granted together or separately, depending on the circumstances.

In Texas, there are several different types of child custody arrangements available for divorcing couples with children: joint custody, sole custody, split custody, and joint legal custody. It is important to understand these different types before making any final decisions about your own situation.

Joint legal and physical custody is when both parents share equal responsibility for major decisions relating to their children’s lives and equal time with them. This type of arrangement requires both parents to work together to ensure that their children’s best interests are being taken care of at all times. Joint custody can be either legal or physical, but most often, it refers to both forms combined into one arrangement known as “joint conservatorship” under Texas law. This is often favored by courts because it allows children to maintain close relationships with both parents while ensuring that they receive quality care from each parent.

Joint legal custody gives each parent an equal say in major decisions about their children's upbringing, such as educational plans, medical treatment options, religious instruction, extracurricular activities, etc. In addition to this shared authority over decision-making, joint physical custody also gives each parent equal parenting time with their children on a regular basis (usually alternating weeks).

Sole legal and physical custody is when only one parent makes all major decisions relating to their children’s lives while also having full control over where they live and how much time they spend with each parent. The parent with sole custodial rights has complete control over all aspects of their minor children, including medical treatments, education decisions, religious upbringing, etc., without having to consult or get approval from the other parent unless necessary by law or court order. Moreover, the custodial parent has full responsibility for medical decisions and educational choices as well as day-to-day caregiving tasks such as bathing, feeding, dressing their child, etc. The non-custodial parent typically has limited visitation rights with their children unless they demonstrate an ability to have safe contact with them or if court orders provide otherwise. This type of arrangement may be appropriate if one parent cannot meet their custodial responsibilities due to drug or alcohol abuse, mental illness, criminal activity, or other factors that could put a minor at risk for harm if placed in their care.

Split custody involves two different arrangements: one where one parent has sole physical custody of one or more minor children while sharing joint legal responsibility; and another where one parent has sole legal authority but shares physical possession with the other parent(s). Split physical possession can be beneficial if it allows each party more flexibility with their parenting schedules while still allowing both parents access to their children regularly. However, it may also lead to confusion regarding who is responsible for certain parental responsibilities such as transportation or paying certain expenses related to raising a child (like extracurricular activities or school supplies). For example, if there are three minor children, then one parent might have sole physical and legal custodial rights over two while the other parent has sole custodial rights over one child only—this would be considered split custodianship under Texas law.

This type of arrangement may be appropriate if it can be determined that it is in the best interest of the child or if there are concerns about either parent's ability to provide proper care for them due to drug or alcohol abuse, mental illness, criminal activity, etc. In this case, one parent will have primary responsibility for day-to-day care while the other will have visitation rights unless otherwise specified by court order.

This type of arrangement allows both parents shared authority over major decisions related to their children's lives while only granting primary residential responsibility over them to one party (typically referred to as "the managing conservator"). This arrangement may be favored by courts if it can be determined that it would not serve in the best interests of a minor for them to share equal time with each parent due to extenuating circumstances such as drug/alcohol abuse issues within either household or mental health concerns within either household. Furthermore, this allows both parents input into major decisions such as medical treatments or educational choices but does not necessarily require them to agree on every issue—they must still abide by court orders regarding visitation schedules, etc. However, they can negotiate certain agreements between themselves as long as these do not conflict with court orders already in place regarding visitation, etc.  

Visitation rights allow non-custodial parents access to their children without granting them any custodial rights or responsibilities over them. Typically these visits take place at prearranged times under supervision from either a third party such as a guardian ad litem or court-appointed supervisor or in public places such as parks where neither party feels threatened by being together in private settings due to extenuating circumstances such as domestic violence issues within either household.

When determining which type of child custody arrangement is best for your family situation, it is important to consider any potential financial impacts that might arise from each option you are considering. For instance, if one party will have sole physical possession, then they may need additional support from either partner through either monthly payments or additional property division during divorce proceedings (if applicable). On the other hand, if both parties will have joint legal authority but split physical possession, then they may need help coordinating payment schedules for various expenses related to raising a minor child (like extracurricular activities or school supplies)  

The most important factor when making any decision regarding child custody arrangements should always be what serves the best interests of your minor(s). Factors considered by courts when determining this include: which home provides more stability; which home provides better educational opportunities; which home offers better financial security; how well each potential custodian respects parental roles; how well each potential custodian communicates with minors; how well each potential custodian interacts with other adults; etc. Ultimately courts will make determinations based on what serves your minor(s) best interests rather than what serves anyone else's interests so make sure you consider all factors before making any final decision on which type of arrangement would work best for your family.

Child custody arrangements can be complicated for divorcing couples with children but understanding each type available under Texas law can help make this process simpler and less stressful for everyone involved—parents included! Before deciding which type you would like in your own situation, it is best practice to speak with an experienced family lawyer who can explain how each option works and what would be best for everyone involved in your particular case,