What Are The Different Types of Custody in Texas? - Bineham & Gillen

custodyWhat Are The Different Types of Custody in Texas?

March 31, 2023by James Gillen

Navigating child support and custody protocol can be exhausting. Our team understands if you’re feeling overwhelmed during the divorce process, which is why we’re here to help.

Here at Bineham & Gillen, we’re sensitive to the complexities of family law cases and the ways they can impact our clients. Our law firm is full of passionate individuals who want to journey alongside you and your family and relieve some of the burdens of divorce decision-making and stress.

Read on for more information about child custody and the benefits that come with our family law services.

Joint Custody Versus Sole Custody & Possessory Custody: Which is the Most Common?

If you have questions about the different types of custody, Bineham & Gillen is here to help. According to Texas Law Help, custody in Texas is referred to as conservatorship, and there are a few different types. We’re always happy to educate our clients on the differences between full, joint and possessory conservatorships. Understanding the differences allows you to evaluate your own situation and choose the right option for you and your family.

Sole Custody

Sole custody, sometimes referred to as full custody, permits only one parental figure to have exclusive rights in making decisions including decisions about medical issues, education, religion and more. While some places consider full custody and sole custody to be different, these terms are often used interchangeably in Texas.

Possessory Conservatorship

Possessory conservatorships and sole custody are closely related because when one parental figure is granted sole custody, the other parental figure can become what is called a possessory conservator.

In this role, the possessory conservator does not share decision making rights or responsibilities with someone who was granted sole custody. However, they do keep some parental rights such as the ability to see their children.

Joint Custody

Joint custody is the most common type of custody used in Texas. Through this type of custody, both parental figures make decisions for the child’s welfare and divide responsibilities.

If you have questions or concerns about the different types of custody, connect with one of our staff members. We’re happy to help you learn more!

What Should I Know During A Custody Case?

The process of deciding child custody can be overwhelming, but you should be able to count on your attorney to help you understand your options. At Bineham & Gillen, we’re here to share information that you should keep in mind when thinking about child custody.

  • Your attorney will ask questions about your involvement in the life of your child, their health and age as well as the stability of your home. 
  • Most courts prefer to give both parents access to the child as much as possible. If you feel that this is not in the best interest of your children, then we will explore issues that support your assessment.
  • If either parent or their significant other is charged with domestic violence, misconduct, abuse or neglect, joint custody may not be an option for that parent; however, this is not always absolute, and each case needs to be acted on timely to be effective.

Though relatively general, these issues and many other need to be explored and addressed by your family attorney. Keeping good records is the first step to a successful custody case.

Why Should I Hire A Child Custody Lawyer?

A professional lawyer with experience in handling custody matters is well-equipped with knowledge of standard law practices that allow you to move through your custody case efficiently and effectively.

Court cases can feel overly complicated and convoluted. With an attorney, you’ll be able to better understand the legalities of your circumstances along with what is needed from you as a parent. Lawyers also prioritize your needs and seek outcomes that work best for you. This requires clear communication, patience and trust in one another. You should count on your attorney to represent you and your needs.

Let Bineham & Gillen Be Your San Antonio Attorney!

Are you ready to gain some valuable guidance as you navigate child custody? Don’t hesitate to chat with us at Bineham & Gillen if you’re on the lookout for a skilled, respectable team of divorce lawyers in your area!

To learn more about what we can do for you, contact us through our website or give us a call today!