When Texas residents are going through a divorce, many find that the child custody issue is the most emotional part of the process. A divorce can be tough on anyone, but couples who have children sometimes feel like the divorce process is particularly hard on them. That is why these couples think long and hard about whether the marriage is worth trying to save, or if divorce is inevitable.
Residents who have children and who are getting divorced will need to know the basics about child custody. The right information can help alleviate some of the uncertainty involved in the divorce process.
For starters, our readers need to know that there are two main aspects of child custody: legal custody and physical custody. Legal custody refers to the right to make decisions on behalf of the child, such as where the child will attend school or what religion the child will be raised with, if any. It is the power to make decisions. Physical custody, on the other hand, is the determination of where the child will reside and spend time.
Most courts these days prefer for the couple to determine child custody issues on their own, out of court. However, if the couple cannot do so, it will be up to the court to make a decision on this issue. Many courts prefer to enter "joint custody" orders, which directs the parents to share legal custody and decision-making powers, as well as a fairly equal split in physical custody. But, each case has its own unique set of circumstances, which can make a different decision necessary.