Courts in Texas must make decisions concerning children based on what is in the best interests of the children. Such decisions include determining the primary caregiver, the primary influence in the children's upbringing and the children's primary place of residence. In all these determinations, Texas courts seek to ensure that the children have a continuing and positive relationship with both parents whenever possible.
Joint Legal Custody
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.