Joint legal custody is the preferred custodial arrangement where both parents are found to be fit and proper persons to care for their children. Joint custody means both parents have equal rights and responsibilities to the child and each should consult with the other regarding any major decisions concerning the child, e.g. education, medical decisions, religious training, etc. Joint custody does not typically mean that the children will spend an equal amount of time at each parent's home. One party will be named the "primary custodian", which means the children will live primarily at that party's home subject to the other party's visitation rights, known as possessory conservatorship in Texas.

Split legal custody is the situation where the children live equal amounts of time with each parent. As with Joint legal custody, both parents have equal rights and responsibilities to the child. This arrangement is less common as it does not provide much stability for children, particularly once they are school-aged.

Sole legal custody is the situation where one parent is given the power to make all decisions concerning the child, as well as physical custody of the child. The other parent may still be involved with the child and be entitled to visitation or parenting time. Further, the non-custodial parent may still be required to pay child support.