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Understand custody and fight for your share

As a parent who is going through divorce, you may not be sure how to handle the custody of your child. The good thing to remember is that most courts encourage parents to share time with their children and to make sure their children have both parents in their lives at least some of the time.

Both parents normally make decisions for the well-being of their children and may have physical custody at one point or another.

What are some important facts about custody to understand?

Since you may not be familiar with custody laws, it's good to know the basic terms. There are two main forms of custody to understand, legal and physical.

What is legal custody?

With legal custody, parents are able to make legal decisions regarding their children's care and upbringing.

What is physical custody?

Physical custody is had by parents who physically have their children present in their custody.

Parents can share joint legal custody or joint physical custody. One parent may also seek sole legal and physical custody, though it is less common. With a sole custody case, one parent is trying to have complete physical custody as well as individual control over the decisions that affect their child. It is rare for parents to get sole custody unless there is a history of significant abuse, abandonment or other issues that would make sole custody beneficial to the child. Generally, parents share custody.

Your attorney will talk to you more about custody and what to expect when you seek custody during your divorce case in Texas.

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