When discussing custody during a divorce, it’s essential to clarify expectations and prepare for the practical challenges ahead. While “full custody” may not be an official legal term, parents often seek clarity on sole custody, primary custody, or living arrangements for their children.
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC, talk about common misconceptions about sole custody, emphasizing the need for detailed planning, understanding the practical challenges of primary custody, and educating clients on legal terms like joint managing conservatorship to help set realistic expectations. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Understanding Legal Custody vs. Physical Custody
A common source of confusion in custody discussions is the difference between legal and physical custody:
Legal Custody: Refers to the authority to make major decisions about a child’s upbringing, such as education, healthcare, and religious practices. This is often shared between parents unless special circumstances arise.
Physical Custody: Refers to where the child lives and which parent is responsible for day-to-day caregiving. Even if one parent is the primary custodian, the other parent usually has visitation rights.
Understanding these distinctions is crucial for setting realistic expectations and planning effectively.
What Should Parents Consider When Requesting Sole Custody?
Parents thinking about sole custody or having their children primarily live with them should focus on creating a detailed plan. Consider these critical aspects:
Day-to-Day Logistics:
- What will daily life look like for your child?
- How will you handle school drop-offs, extracurricular activities, and daycare?
- Can you balance transportation needs with your work schedule?
Co-Parent Access and Availability:
- What role will the other parent play in your child’s life?
- How will visitation schedules or shared responsibilities work?
Financial and Practical Preparedness:
Especially for parents who were not the primary breadwinners, it’s vital to prepare for financial independence:
- Budgeting: Create a detailed budget to cover bills, housing, and child-related expenses.
- Self-Sufficiency: Plan how you’ll manage your household without a partner’s assistance.
Minimizing Impact on Children:
Children thrive on stability. Ensure your plans prioritize their emotional and practical needs, minimizing disruptions in their lives.
Creating a Personalized Plan
The importance of a plan cannot be overstated. As a parent, you understand your daily routines and your children’s needs better than anyone else. Lawyers can provide legal guidance, but only you can craft a realistic plan tailored to your unique circumstances.
- Write It Down: Start with pen and paper. Outline your child’s daily schedule, anticipated costs, and how you’ll handle parenting responsibilities.
- Learn Legal Terminology: Understanding key custody terms is crucial for setting realistic expectations:
- Sole Custody: Refers to one parent having exclusive physical and legal custody of the child. This is rare and typically requires specific circumstances, such as evidence of family violence.
- Joint Managing Conservatorship: Both parents share the rights and duties of parenting, but one parent may be designated to decide the child’s primary residence.
- Custodial Parenting: The custodial parent is the one with whom the child primarily lives, while the non-custodial parent typically has visitation rights.
Challenges Faced by Parents, Especially Mothers
Mothers often find themselves navigating uncharted waters after divorce, particularly when the divorce is unexpected. Common scenarios include:
- Being thrust into decision-making roles, they weren’t used to in their marriage.
- Managing transportation, finances, and childcare largely on their own.
Personal Example:
One of our attorneys shared her own experience of transitioning to single parenthood when her child was six. While the other parent remained involved, she had to take on more responsibilities. From paying the mortgage to organizing daily schedules, this required creating a solid plan to ensure her child’s well-being.
Insights from Legal Experts: Empower Yourself
Be Informed
Many clients enter the process assuming their attorney will have all the answers about their daily lives. However, attorneys rely on you to share specifics about your routines and needs.
Understand Realistic Expectations
Without circumstances like family violence or serious legal issues, courts typically favor joint managing conservatorship. It’s important to know that while one parent may be designated as the primary custodian, both parents are expected to remain involved.
Taking an active role in communicating your unique circumstances helps ensure your attorney can build the strongest case for you. Remember, transparency and preparation are key to navigating the legal process effectively.
What Does the Texas Family Code Say About Custody?
The Texas Family Code provides guidance on custody arrangements, known as conservatorships, emphasizing the best interests of the child. Key sections and statutes include:
Section 153.002 – Best Interest of the Child
The court’s primary consideration in custody decisions is the child’s physical and emotional needs. Parents must demonstrate how their proposed arrangements align with this standard.
Section 153.131 – Presumption of Parental Involvement
Texas law assumes that joint managing conservatorship (shared custody) is in the child’s best interest unless evidence shows otherwise, such as in cases of family violence or neglect.
Section 153.134 – Custodial Parent Designation
In joint conservatorship cases, one parent may be designated as the primary custodian, responsible for determining the child’s primary residence.
Section 153.003 – No Discrimination
The court cannot discriminate against a parent based on gender. Mothers and fathers are given equal consideration when determining custody.
Understanding these legal requirements isn’t always easy, and each situation is different. Speak with an attorney to ensure you’re on the right path.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Custody decisions are some of the most challenging aspects of divorce, requiring careful thought and preparation. By understanding the legal framework and focusing on the child’s best interests, parents can create a stable and supportive environment for their children.
Consult with a family law attorney to ensure you’re fully informed and equipped to make the best decisions for your family. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “What Are The Different Grounds For Divorce That Are Recognized In Texas?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Does A High-Net-Worth Divorce Look Like Today?
- What Can Be Used Against You Legally In A Divorce?
- How Long Does A Divorce Take If The Other Person Doesn’t Respond?
- Can We Get A Divorce In Texas If We Were Married Overseas?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
