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In Texas custody cases, the courts generally favor shared or joint custody. Unfortunately, in some cases, the courts may determine that one parent’s influence is harmful to the child. It is a misconception of custody law that people often believe that custody is simply the parent’s right to choose where his or her child lives. Custody law is more complex and multi-faceted.

Justia provides the definition of sole custody as one parent having physical and legal custody of a child. The parent who has sole custody makes all of the decisions in the child’s life. Now, a parent without custody can have visitation with his or her child. A court decides whether the other parent can visit or if his or her access is restricted. Sometimes a court may order a mixture of shared and sole custody.

For example, both parents may have joint legal custody but only one can have physical custody. Likewise, both parents may have physical custody but only one parent can make legal decisions regarding the child. In child custody cases, the courts weigh out the circumstances and decide what options are best for the child in question. The child’s best interest comes first in all custody cases. While most courts prefer a fifty-fifty split of custody, this is not practical for most families. The amount of time one parent has custody over the other does not determine his or her legal custody.

The information presented is for educational purposes only and meant to inform on sole and shared custody. Do not interpret the previous as legal advice.