Basic Custody Terms
Legally, the set of parental responsibilities regarding day-to-day care of the child as well as the rights to direct the child's activities and make decisions regarding the child's upbringing have been split into the separate categories of physical and legal custody for family law purposes.
Physical Custody means the actual living arrangements of the child and the rights and responsibilities associated with daily childcare.
Legal Custody means the responsibilities associated with raising a child and includes such questions as religious upbringing, school choice, and medical care.
Common Custody Solutions
There are many options regarding the division of these rights and responsibilities between divorcing parents. Some options are available as part of an agreement and some options may be required by court order. Parents are typically awarded joint custody and are called "Joint Managing Conservators." The court prefers this arrangement when it can be accomplished.
Joint Custody: In joint custody, parents share responsibility for decision-making and/or for physical control and custody of the children. Couples may agree upon joint custody or the court may order it. Couples with joint physical custody usually share legal custody, but joint legal custody does not necessarily mean joint physical custody.
Temporary Hearing: Shortly after the initial court documents are filed seeking a divorce or after filing an original suit regarding custody (if parents are unmarried), the family court will hold a temporary hearing and then issue an order that controls the relationship of the parties until there is a final Divorce Decree or a Final Order (when parents are not married). When custody is contested, the order creates a temporary custody solution. Unless there is evidence that doing so would not be in the best interest of the child, temporary custody is typically granted to the person who stays in the marital home. Temporary custody orders should have no bearing on which party will ultimately be awarded permanent custody. However, depending on the circumstances, the temporary custody order may indicate which parent the court thinks is more suitable.
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