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How Split Custody Works in Divorce

Determining a minor child custody arrangement can be one of the most gut-wrenching aspects of the entire divorce process. This is particularly true with matters of custody and it’s why, if you are going through a divorce and children are involved, you need to make sure you hire the best family divorce attorney in San Antonio, Texas. Working with them, depending on the circumstances of the divorce, you and your soon-to-be-ex will agree on one of four different types of child custody arrangements.

Joint Physical Custody

This means that both parents will share in the upbringing and ensure the well-being of the child or children. Generally, absent a compelling reason, this is the most wholesome for the child and the arrangement most courts will push for agreement on. The details of the arrangement (holiday splits, block of time with one parent, etc.) can be worked out between the court and the best child custody attorney in San Antonio, Texas, but usually, these types of arrangement are possible because both parties agree to the terms and the level of acrimony between the two parties is minimal.

Joint Legal Custody

Joint legal custody works hand in hand with joint physical custody and involves formulating a “parenting plan” between the two parties that covers all decisions pertaining to the health, education, welfare, and safeguarding of the child or children. The best child custody lawyer in San Antonio, Texas will help work out the details as well as any stipulations regarding major decisions, but generally, the assumption in this type of arrangement is that that two parties can work together to help parent the child or children through most decisions.

Sole Physical Custody

The arguments for this type of custody generally are covered by a concern that joint custody will not work out in the best interest of the child for a number of reasons. The court hears arguments from both sides and renders a decision that it feels are in the best interest of the child. If you have hired the best divorce lawyer in San Antonio, Texas, they will effectively argue that the interest of your child or children is best served by you maintaining majority custody physically and the other party is granted specific visitation rights.

Sole Legal Custody

In this type of arrangement, the court decides that one party or the other shall have the right and responsibility to make decisions regarding the safety, health, education and welfare of the child or children involved. The other parent will retain visitation rights and can add their opinion to major matters, but the decision making is left to the parent with sole legal custody. This is the most common form of custody arrangement.

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