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What are the Differences in Custody Agreements?


In Texas, there are three main types of child custody agreements. Our child custody lawyer explains more.

When two parents decide to get a divorce, or they were never wed to their partner, and the relationship ends, child custody issues must be resolved. Many parents want to fight for sole custody so that they lose as little time as possible with their children. However, this is just one type of custody in Texas, and the courts are reluctant to award it to either parent. Below, our child custody lawyer explains the different types of custody in Texas and what you can expect.

Joint Custody in Texas

The family courts in Texas will start any custody case with the presumption that joint custody, also known as joint conservatorship, is in the best interests of a child. Joint custody refers to when one parent is awarded primary possession and decides where the child will live. The parent with primary possessions will also spend most of the time with the child.

The parent who does not have primary possession is awarded access and will visit the child based on the visitation schedule. Each parent will have a say in how the child is raised and will work together to make decisions for the child, including medical and educational decisions.

The courts start any child custody case with the presumption that joint custody is in the child’s best interests. This is since it is presumed that spending time with both parents and developing a relationship with both is of the best benefit to the child.

Sole Custody in Texas

When one parent is not present in a child’s life or they have been deemed unfit, the family courts in Texas may award sole child custody, also known as complete possession. While this is not the preferred option, the courts will make this decision if it is in the best interests of the child. While the non-custodial parent may still have visitation rights with the child, the custodial parent will make all important decisions for the child.

Third-Party Custody

If the courts deem both parents to be unfit, not present, or they are deceased, third-party child custody may be awarded. A person who has been caring for the child or the closest living relative may file a custody lawsuit to have the legal authority to care for the child and make decisions for them. In many of these types of cases, grandparents are awarded custody. Like any custody case, though, the courts will only consider what is in the best interests of the child.

Our Child Custody Lawyer in San Antonio Can Help With Your Case

If you are going through a child custody dispute, our San Antonio child custody lawyer at Hoelscher Gebbia Cepeda, PLLC, can help you resolve it. Call us now at (210) 222-9132 or contact us online to schedule a consultation and to learn more about how we can help with your case.