Legal custody is a parent’s right to decide how their child is raised. This can include where a child goes to school or if they will undergo medical procedures for an illness. Physical custody is a parent’s obligation to maintain a child’s daily routine and provide basic necessities, such as food, shelter and clothing.
Typically, parents can discuss their parenting options, but a court may also make a choice for parents. Here are a few parenting arrangements:
Joint custody is an option for parents who are divorced but want to share the responsibility and opportunity of raising their children as they would want. Parents share legal and physical custody under a joint custody arrangement. This typically means that parents will discuss in depth how they can realistically raise their children in two houses. Parents will discuss when they can take custody of their children and what’s important for their children’s growth.
Joint custody doesn't always work, but parents may still share a limited form of joint custody called parallel parenting. Parallel parenting limits how much parents communicate, which gives them more autonomy to raise their children.
One parent may have full responsibility for their children under sole custody. They’ll take on all legal and physical custody matters and the other parent may be given some limited visitation rights. This can be a lot for some parents, but not impossible. And, it can give children a better environment to be raised in.
If you’re a parent looking to learn about your parenting options after divorce, then it can help to seek out legal guidance.
]]>You may have heard that Texas is among a handful of states where a divorce can’t be granted while a spouse is pregnant. While that’s not specifically stated in Texas statutes, it is a matter of practice in the courts to wait until the baby has been born. There is a question on the divorce petition about whether one of the spouses is pregnant.
The practice of not finalizing divorces until after the baby is born actually has less to do with controlling a woman’s ability to get out of a marriage (although it may certainly feel that way to some people) than the fact that matters involving child custody and support (assuming the baby is the husband’s) can’t be decided until the child is born and then included in the divorce agreement. For example, if the baby were to be born with a serious disability, it could affect these orders. If there’s a question about the baby’s paternity, that would be determined after the baby is born as well.
This doesn’t mean that couples can’t begin the process of divorce and in fact decide a number of issues while waiting until the divorce can be finalized. They also need to have at least a 60-day separation period anyway.
A serious and valid concern is what happens if there’s abuse or violence in the marriage. Spouses can still obtain restraining orders if that’s the case. The law by no means requires an abused spouse to continue living under the same roof as their abuser.
The important thing is to know what steps you can take to move forward with a divorce so that it can be finalized as soon as the baby arrives. Having legal guidance is crucial to protecting your rights and your safety.
]]>