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Texas divides custody into two broad categories—legal control over the child and physical custody of the child. In many instances, the parent with the most legal control over the child will also be the parent with the most physical custody. However, there are circumstances where the parent with the most physical custody of the child is not the one with greater legal rights.
Physical child custody in Austin—also known as possession—refers to the parent with the right to physical access to the child. Possession has two possible components. It can refer to parents who share physical custody of the child. If so, they both have possession. It can also refer to a possessory parent, which is a parent who does not have custody of the child but gets to exercise periods of visitation. A knowledgeable child custody attorney from our firm could help explain the differences between physical custody and visitation.
While legal custody of the child is important, many parents are more concerned about who has physical child custody. The person with physical custody has a daily influence on the child and is also responsible for the child’s safety and welfare. Though that should be a priority for both parents, the primary physical custodian takes it on as their daily responsibility.
Keeping that in mind, courts look at several factors when determining primary physical custody, all while considering the child’s best interests.
Age plays into custody decisions in multiple ways. First, if a child is an infant, the court may award primary physical custody to the primary caretaking parent and may even modify visitation until the child reaches three years old. Older kids may have commitments because of sports, school activities, or churches, which can help dictate who should be the primary custodian. When children turn 12, they get to provide input on where they want to live, though the input is only one of the factors the court considers.
Another factor Austin courts use when determining physical custody of a child includes each parent’s ability as a caretaker. Does the parent have the skills and resources to care for a child? If they lack the resources, can child support remedy that scenario? A parent does not need to own a home or live on their own to get custody, but the more stable the parent’s living scenario, the better it looks in a custody dispute.
The court will examine any allegations of abuse or neglect to determine whether the child is at risk with either parent. After eliminating risk, they look at which parent is better for the child’s health and safety. They also look at lifestyle and risk factors to determine which household is preferable.
Continuity is essential, as well. Does the child have an established relationship in the community? Have they been attending school with the same kids for years? The courts will try to disrupt the child’s life as little as possible when making custody determinations.
For many years, the default was that one of the parents would have much more time with the child than the other parent. One parent had physical custody, while the other had visitation. Today’s courts are much more likely to embrace non-traditional custody arrangements.
Physical custody in Austin is often split equally between the parents. In that scenario, the kids usually go back and forth between the parents’ homes each week. They may share physical custody differently, with one parent having the majority of the school week while the other parent gets extended periods during schools breaks and summers.
Some parents with older children may even have a more flexible schedule, with children freely going back and forth between the parents’ homes. The success of these alternative custody arrangements often depends on how well the parents can communicate with one another.
Co-parenting can be challenging, even for exes with a great relationship. Outlining a good parenting plan gives the parents a baseline, establishing expectations, rights, and duties. Get help with physical child custody in Austin today. Contact Kimbrough Legal, PLLC, to schedule a consultation with one of our lawyers today.
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