Shelander Law Offices

Common questions about child custody in Texas

If you are recently separated or divorced, it is likely that you are new to the process of child custody arrangements and modifications. All of the new information can feel overwhelming at first, but it is important to remember that the child custody courts in the state of Texas prioritize one thing: the best interests of the child in question.

Therefore, if you believe that you have your child's best interests in mind, it is only necessary that you work with the courts and with the other parent to get the best possible outcome for your child. The following are some of the most frequently asked questions about child custody in Texas.

What do the child custody courts mean when they talk about the child's best interests?

The courts presume that in most circumstances, having relationships with both parents is in the child's best interests. However, if there is information to suggest otherwise, for example, if one parent has a history of violence or drug abuse, they may decide to limit visitation.

What is the difference between legal and physical custody?

Legal custody is having the ability to make decisions on behalf of your child, for example, in regard to medical or educational choices. Physical custody is having the right to visitation and communication.

If my ex and I have reached a private decision, do we still need to go through the courts?

If you have reached a child custody decision with your ex, you will still need to have a legal agreement drawn up and have it filed with the courts.

If you need to learn more about child custody laws in Texas, an experienced attorney can provide advice and guidance.

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