There are two types of custody to determine during divorce proceedings: legal and physical. While legal custody grants one or both of the parents the right to make decisions for the child, physical custody governs which parent the child will live with the majority of the time. Primary physical custody decides the primary residence of the child; parents with secondary physical custody typically receive visitation rights. In Texas, the Texas Family Code refers to custody as “conservatorship.” A parent with legal custody is officially a managing conservator, while a parent charged with the direct physical care of the child is the possessory conservator.
The largest determining factor in a child custody case is what is in the best interest of the child. Texas courts favor joint custody whenever possible, believing it is in the child’s best interest to remain connected to both parents. It is important to note that it is common for both parents to share joint managing conservatorship. However, joint possessor conservatorship, or joint physical custody, is rare. Generally, one parent has primary physical possession of the child and the child spends most of the time with this parent.
Possessory conservatorship, or primary physical custody, determines which parent will have a closer relationship with the child. If you are going through divorce proceedings and children are involved, you need to contact an Austin primary physical custody lawyer. The prospect of losing the physical custody of your child is frightening, and you deserve the chance to do what is best for your child. At Kirker Davis LLP, we will do everything we can to fight for your family.
When a court is deciding physical custody cases, the standard is what is in the best interest of the child. A great number of factors can determine a child’s best interest. While these factors vary greatly from court to court, some common determining factors include:
Each court is different and any number of factors or issues can arise in a physical custody case. If you are currently going through a divorce, you should contact an experienced physical custody lawyer to help guide you through the complex proceedings.
The physical custody of your child or children is a serious and important decision that will occur during the course of your divorce proceedings. At Kirker Davis LLP, we understand the value of your relationship with your child. Our dedicated and compassionate lawyers will work tirelessly to get you the outcome you deserve. Please do not hesitate to call our Austin offices today at (512) 598-0010 to begin fighting for your family.
“The court looks to the two parents in this situation to work together to come to create an agreed parenting plan for their child or children that includes a possession schedule, shared decision-making, and sometimes primary custody. In the event of disagreement, a Court can make these decisions for the parents.”
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Co-founding Partner, Chris Kirker who has more than 20 years of legal experience as a family lawyer.
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