What are my chances of getting custody of our children, or at least being …

“What are my chances of getting custody of our children, or at least being able to see them half the time?”

In his bestselling book, Successful Lone Star Divorce, Dallas attorney Ike Vanden Eykel explains that in Texas joint custody is the preferred arrangement unless one parent is proven unfit or unable to handle the responsibility. But just because it is called joint custody, “both parents do not…(necessarily)…retain a 50/50 vote in the decisions concerning the children” or have their children with them half the time.

Within certain parameters, joint custody is whatever the parties agree for it to be or what the judge orders. That includes deciding the children’s primary residence and who has control over the major issues in a child’s life, such as academics, extracurricular activities, religion and medical treatment.

“Joint custody tends to push parents together in a sense of cooperation. I’ve seen parents who were fighting like Bengal tigers wise up and begin to cooperate for their children’s sake under the terms of a joint custody arrangement.

“Joint custody is generally a good thing that does not fit every situation.”

Ike Vanden Eykel is managing partner of Koons, Fuller, Vanden Eykel & Robertson.