When getting divorced, it seems like this is one of the prevailing questions: Who gets the kids? However, it important to remember that courts aren’t really trying to answer this question outright. They’re not trying to give you or your spouse the kids, one at the expense of the other.
In reality, they’re trying to make sure that you both get the kids.
Research has shown that it’s best for children to see both parents. It helps them in many ways as they develop and grow. The court, then, is focused on what the kids need for a good life. Children with two parents are typically better off than those with one parent, so the court wants both parents involved, even if those parents do not want to stay married.
Of course, there are always exceptions. Children are not better off with both parents if one of the parents is abusive, for example. Generally speaking, though, it’s best for them both to be in the kids’ lives.
Joint custody is used so that you and your ex can share the kids. You could have joint physical custody, joint legal custody, or both.
It’s important to keep this in mind as you go to court, because it can change your outlook and what you feel you need to do. You’re not going to court to fight and try to win your kids away from your spouse, and he or she shouldn’t be going in with that outlook, either. You should both be going to court to find an acceptable method to split your time. When that’s your outlook, the legal steps you take in Texas may be quite different.
Source: FIndLaw, “Getting Custody FAQ,” accessed June 01, 2016