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Laura Dale & Associates, P.C.

Sole legal versus physical custody?

Texan parents who are seeking divorce must deal with matters of child custody. In some cases, joint custody may be the preferred option. In others, you may lean toward sole custody and the various options therein.

FindLaw states that there are two specific types of sole custody that you may hold as a parent. One is legal custody, and one is physical custody. Sole legal custody means that you alone are responsible for the major decisions that will impact your child's life, upbringing, and formative years. This can include decisions involving:

  • Religious matters
  • Education
  • Moral and emotional development
  • Medical care
  • Other matters regarding the child's welfare

Physical sole custody, on the other hand, is what many people typically think of when they hear the term "custody". Physical custody determines who the child will primarily live with. If you hold sole physical custody, this means the child will spend the majority of their time with you.

However, the other parent may still petition for visitation rights. They may be able to visit the child in public places or at your home, or the child may visit theirs according to what is deemed to be in the child's best interest. In other situations, it may be deemed best for the child not to have contact with the other parent. In that case, there will be no need for schedules.

Determining which arrangement works best for your child and family can be a long process, and could benefit from the guidance of an experienced attorney.

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