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Sole custody: What it is and how to request it

There are many reasons a Texas couple may decide to end a marriage. Sometimes, insurmountable differences are a leading consideration. Extramarital affairs or other alleged deceit may be defining factors for others. When children are involved in a divorce, attention typically turns toward joint or sole custody and related issues in an effort to determine which option best aligns with a particular situation.

Legal terminology referring to custody agreements is often complex and difficult to understand without a background in family law. Many people do not know the differences between various types of custody that may be granted to one or both parents in a divorce. Before taking any formal action, it is often helpful to seek clarification from a family law attorney.

With regard to child custody, a parent who has  physical sole custody lives with his or her children on a full-time basis. The other parent is then referred to as the non-custodial parent and, in most cases, would be granted visitation rights (unless the court has evidence it would place children at risk in some way). Legal custody is another matter altogether; this means a person has been granted an authoritative voice and decision-making power regarding important life decisions affecting the children. Health, education and religion would be among such issues.

A Texas parent choosing to divorce will want to become educated on all types of custody.  If one has questions concerning the process of requesting sole custody or other related issues, answers may be found by contacting a family law attorney. An experienced attorney understands that keeping children's best interests at heart is of paramount importance when guiding a parent through court proceedings.

Source: singleparents.about.com, "Types of Custody and Visitation", Jennifer Wolf, Accessed on Dec. 7, 2016

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