When parents go through a divorce or separation, one of the most important decisions they face is child custody. In Austin, Texas, custody laws are designed to support the best interests of the child. However, many parents are confused by terms like “legal custody” and “physical custody.”
Understanding the difference between these two types of custody is essential for making informed decisions that protect your child and your parental rights.
Understanding Custody in Texas
In Texas, custody is legally referred to as “conservatorship.” While you might hear terms like “custody” or “visitation” in everyday conversation, the courts use specific terms like “managing conservator” and “possessory conservator.”
Even though the legal language can sound complex, the basic ideas behind legal and physical custody are easy to understand. Legal custody relates to decision-making authority, while physical custody relates to where the child lives.
What Is Legal Custody?
Legal custody gives a parent the right to make important decisions about a child’s life. This includes choices about education, medical care, religious upbringing, and other major life matters.
- Joint Legal Custody (Joint Managing Conservatorship): Both parents share the responsibility to make decisions.
- Sole Legal Custody (Sole Managing Conservatorship): One parent has the exclusive right to make important decisions.
In most cases, Texas courts prefer joint legal custody unless there’s a good reason not to, such as a history of abuse, neglect, or serious conflict between the parents. Legal custody doesn’t determine how much time a child spends with each parent. It only determines who has a say in the child’s future.
What Is Physical Custody?
Physical custody refers to where the child lives on a regular basis. In Texas, this is often called “possession and access.”
- Joint Physical Custody: The child spends significant time with both parents.
- Sole Physical Custody: The child lives mostly with one parent, and the other has scheduled visitation.
Texas often uses a Standard Possession Order (SPO), which outlines the exact schedule for when the child is with each parent. This helps ensure stability and consistency. The parent who has the child most of the time is sometimes called the “custodial parent.” The other parent, who has visitation rights, is often called the “non-custodial parent.”
Legal vs. Physical Custody in Austin, TX
Austin family courts follow Texas state law, which promotes the involvement of both parents in a child’s life when possible. In most cases, courts try to award joint managing conservatorship, giving both parents legal custody. However, one parent may still be the primary physical custodian.
How Courts Decide Custody
Courts in Austin and across Texas base custody decisions on the best interest of the child. Judges look at several factors, including:
- The emotional and physical needs of the child
- The parenting abilities of each parent
- The child’s relationship with each parent
- Any history of family violence or abuse
- The stability of the home environment
Texas courts generally want children to have a strong relationship with both parents, unless there’s a clear reason to limit contact with one. Custody arrangements can be customized. For example, older children may have input on where they want to live, and parents can create their own schedules if they agree on terms.
Can Custody Be Changed?
Yes. Custody arrangements can be modified if there’s a significant change in circumstances. This might include:
- One parent moving far away
- A parent losing a job or gaining a new one
- The child’s needs changing as they get older
- Safety concerns like neglect or abuse
You must go to court to request a change and explain why the current order is no longer in the child’s best interest.
Contact an Austin Child Custody Lawyer for a Consultation
Understanding the difference between legal and physical custody is key to protecting your parental rights and supporting your child’s well-being. In Austin, Texas, courts aim to keep both parents involved, but each case is unique. By learning the basics and working with a knowledgeable Austin child custody attorney, you can create a custody arrangement that works for your family.
Reach out to Kazen Family Law & Divorce Lawyers to learn more.