When the courts in Texas stipulate that children must spend the majority of their time with one parent, that person is referred to the custodial parent. The noncustodial parent may have an integral role in raising the child as well and work collaboratively with his or her ex, but the custodial parent still has the most responsibility, according to the law.
Parents who are awarded sole physical custody of their children are not always classified as custodial parents under the law. In situations where single parents are bringing up their children on their own, and the other parties are not participating in their children's lives, the single parents may be required to petition the court for child custody to be considered the custodial parents according to the law. People who are uncertain if they are legally classified as custodial parents should speak with an attorney who practices family law.
Being the custodial parent has a number of benefits, one of which is being able to spend a significant amount of time with one's children. The custodial parents are still more likely to have more time with their children even if the noncustodial parents have substantial visitations. Spending more time with one's children means that a custodial parent can assist with homework, cultivate the children's interests in their favorite subjects and be present as they live their everyday lives.
A family law attorney may consider the factors surrounding a client's family situation and suggest possible child custody options. Negotiation may be used to obtain favorable terms regarding custodial custody, visitation, legal custody and child support. A lawyer may engage in litigation to protect the rights of clients in disputes concerning modifications to existing child custody orders, parental relocation and what is in the best interest of the children.