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What Is "Full" Custody in Texas?

As a San Antonio divorce attorney, I have potential clients tell me on a daily basis that they want “full” custody. I always respond that I don’t know what that means. In Texas, if you look at all of the laws regarding custody and visitation, the word “full” is never used. There is no such thing in Texas!

In Texas, most San Antonio divorce attorneys are going to tell you that our state views parental rights in 2 aspects. First, what decision making rights are you going to have over your child? Second, when are you going to have possession of your child?

With the first, we are talking about a variety of decisions such as taking your child to the doctor, what tutoring program they should attend, or whether they should be able to marry before they turn 18. One of the most important decisions is deciding where your child lives. If you are granted the right to decide where your child lives, then that typically (but not always) coincides with you having more physical possession of your child out of the 365 days in the year. Typically, if you decide where your child lives, the other parent is the “non-custodial” parent and they have visitation. That leads to the second aspect.

With the second aspect of parenting, we are simply talking about when you and your ex are going to have visitation with your child. As a San Antonio divorce attorney, I can tell you that there are probably an infinite number of ways to set up visitation. So, we will address that in another blog.

As a San Antonio divorce lawyer, I can meet with you during an initial consult to discuss parenting plans with you. Nothing you read here should be taken as legal advice specific to your case. Every case is unique, so make sure you meet with an attorney to discuss all of your options.


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