How is legal custody determined?

Legal custody in Texas is determined by the court. The court will take into consideration a variety of factors when deciding legal custody, such as the child’s wishes, any history of family violence, the parents’ ability to effectively communicate and cooperate in child-rearing matters, and the child’s physical and emotional health. In determining legal custody, the court’s primary concern is the best interest of the child. The court will determine the rights and responsibilities of each parent and determine who will provide primary care for the child. Depending on the situation, the court can order joint legal custody, where both parents have equal rights and responsibilities in the child’s upbringing, or sole legal custody, where one parent has full responsibility. The court also takes into account the parents’ ability to communicate and cooperate in matters regarding the child. If both parents can effectively communicate and cooperate, the court may decide to award joint legal custody. On the other hand, if the court finds that communication and cooperation between the parents is difficult, the court might decide to award sole legal custody to one parent. Ultimately, the court will make its decision based on what is in the best interest of the child and ensure that the child is adequately provided for in the best way possible.

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