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Why Custody Lawyers in Lakeway, TX May Be Hesitant to Demand Sole Physical and Legal Custody

When a parent wants to petition for a change in child custody, they need one of the custody lawyers Lakeway, TX has available. The most common form of child custody is for one parent to have primary physical custody while the other has generous visitation. They share legal custody, meaning they each have a say in important decisions like where the youngster will go to school and what religion they will be raised in.

Custody lawyers Lakeway, TX has available sometimes represent clients who want sole physical and legal custody. Although there are distinct advantages for the parent with sole legal custody, there also are disadvantages that must be considered.

Probable Court Refusal

The court usually does not want to grant sole legal custody unless there is a sound reason for the request. Examples include negligence by the parent, ongoing substance abuse that impairs the decision-making process, or complete disinterest in spending time with the youngster. Judges are highly unlikely to grant the request if the petitioner simply cannot get along with the other parent and does not want to deal with that person anymore.

Even if the custodial parent is not living in the same area, family courts expect both parents to share decision-making. They strongly encourage the noncustodial parent to maintain regular contact through video chats and other methods of communication. An organization like Margaglione Law, PLLC can help set up a visitation schedule using modern technology.

A Sense of Abandonment

A major disadvantage with sole legal and physical custody is that the child may feel abandoned by the other parent. If the other parent is absent, this is a situation that must be coped with. However, if the other parent is willing and able to be involved, shutting that person out may backfire. The child will likely resent the custodial parent once he or she finds out what happened.

Needing Help with Behavior Problems

There also might come a time when the custodial parent wishes for input from the other parent. A teenage pregnancy, a run-in with law enforcement, ongoing truancy and drinking problems are examples.