Types of Child Custody

Types of Child Custody

El Paso Family Law Attorney

Part of the divorce process for couples with children involves determining child custody. Splitting up time between your children can be one of the most difficult decisions to make. To have a better outcome, it is important to understand the types of child custody available. If you are going through a divorce and are concerned about your custody options, let an experienced El Paso family law lawyer set you up for success.

Sole Custody

When a parent is awarded sole custody of their children, it means they are the only parent with the legal right to make decisions about the children. Such decisions could include medical treatments, which school he or she attends, and which afterschool activities to attend. A parent with sole custody has the child living with them full-time, thus they are able to make decisions about their child’s everyday needs.

Joint Custody

Parents could choose a few options that fall under the umbrella of joint custody.

  • Joint Physical Custody: in this option, your children will have two residences where they spend at least 35% of their time with each parent.
  • Joint Legal Custody: when parents decide they would like joint legal custody, the children have one primary residence but both parents have legal right to share such decisions as medical treatments, religious upbringing and schools the children attend.
  • Other Combinations: ultimately, as parents you decide what works for you, meaning you can choose any combination of the above options of shared physical or shared joint custody.

How Courts Award Custody

When determining custody the courts look very closely at each parent and their ability to raise their children separately. If one parent is attempting to win sole custody of the children and another is contesting the motion, one parent must prove the other is unfit for parenthood. If both parents are collaborating through the process and request to have join custody, the courts will scrutinize this request thoroughly as both parents need to be willing to work together and communicate to effectively have joint custody.

How We Can Help You

Family law matters can be extremely complex. When your future and your children’s lives hang on the decision of a judge, you need to ensure you hire an experienced El Paso family law attorney to protect your rights.

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