If you’re struggling with a child custody issue, you absolutely need to know all you can about the laws regarding this subject. Texas Family Code 153 can explain what happens in each situation, but it can be difficult to understand how your case might proceed. Arm yourself with knowledge (and a good lawyer) in order to best prepare for your case.In Texas, parents or guardians are referred to as “conservators.” The court can either decide to grant sole managing conservatorship (when one conservator gets full custody of the child) or joint managing conservatorship (when two parents are granted custody). You are probably already familiar with the terms sole custody or joint custody, but you might need a second opinion on what type is best for you or how each will affect your life.What can affect conservatorship? The court will look at all issues in a way that serves the best interests of the child. If the child is over the age of 12, the court might use a testimony from the child’s perspective. A history of domestic abuse is a weighty subject when determining conservatorship. If you have concerns with domestic abuse, get someone to explain how this can affect both your child and your rights.Paternity can sometimes pose some unexpected issues with child custody. Although both mother and fathers should have the right to become part of their offspring’s childhood, it can be especially difficult for men to be granted custody or even access to their children. The law and the court usually lean toward the idea that the mother should be the main parent to the child in custody cases. This is not always the right decision, and it is certainly not fair to a good father. In order for a father to gain any sort of conservatorship, the paternity of the child needs to be established. An Acknowledgement of Paternity is one way to do this, as is a DNA test.Unmarried parents can also face problems with child custody. The child will have to evaluate the relationship and what kind of custody is the best fit for the situation. It’s up to the courts to decide what is in the best interests of the child. Just because you have not stayed with your partner does not mean that you shouldn’t have access to your child. Being unmarried and fighting for custody can be very hard, but it’s important that you fight for custody or access to your child, especially if you suspect that his or her wellbeing is at risk.Some frequently asked questions about child custody include things like “Can I still have contact with my child if my parental rights are terminated?” or “Who pays for a paternity test if I need one for my child support case?” Don’t be embarrassed to ask questions like these. Chances are, if you’re wondering about then a lawyer or other child custody specialist has probably been asked that same question before. You can consult online sources, but most of the time a professional is your best bet for answers that are guaranteed to be correct.You might be wondering about the answers to those two example questions. Yes, you can still have contact with the child if you request access to or possession of your child before the order of terminations comes down. If this happens the court might grant you periods of possession or access as long as it deems that the child would suffer impairment of physical health of emotional wellbeing if you are not allowed that possession or access.So where can you find answers to these child custody questions you might have? How did we find the answers to those two sample questions? Texas Family Code 153 explains what happens in cases of child custody. It does a thorough job of detailing each possible situation and how it should be handled. However, the language here can be very dense and difficult to understand. If you need help understanding exactly how Texas Family Code 153 relates to your case, consult a professional.If you have more questions on child custody in Texas, you should certainly contact a reputable lawyer. A lawyer, especially one schooled in family law, can help you make sense of all of the different rules and exceptions.
Divorce is a trying time for anyone, but few suffer more than children caught in the middle of a marital dispute. You would do anything for your child, and you can not bear to be away from him or her. If you are in the middle of a divorce, you may be apprehensive about your former spouse requesting full custody of your children. Here are five facts about divorce and child custody that can help ease the already massive strain by allowing you to understand the custody process.1. Best InterestIn any custody dispute, divorce courts use a legal standard that places priority on the “best interest” of the child, based on a judge’s subjective summation of each parent’s health, emotional state, and ability to provide care, guidance and resources. In cases where one parent is not clearly favored over the other, the court will decide based on each parent’s ability to provide a stable environment. In the case of very young children, this might mean giving custody to the child’s primary caregiver. In older children, it can mean the parent who is best able to provide educational, communal, and religious resources to the child.2. Multiple Custody Options”Joint” or partial custody is one of the most frequently awarded types of custody by divorce courts. Joint custody can take several different forms. For instance joint physical custody means that the child spends significant time with each parent. Legal custody means that parents share responsibilities in making major decisions in the child’s life, such as choosing medical treatments, deciding on the best educational opportunity for the child, and decisions regarding the child’s religious affiliation. Parents who are willing and able to work with each other to share custody frequently arrange a custody arrangement that serves all parties’ best interests.3. No Preference Between Mothers and FathersIn the past, most state divorce courts had in place a “tender years” requirement that meant custody of a child under the age of five would be awarded to the mother. This has since been rejected in nearly every state. Now, the courts will examine the fitness of both parents before making a decision. There is a gender stereotype that women in general have more time and a greater inclination to properly care for the child, but fathers who seek custody should not let this stand in their way.4. Visitation: Reasonable and FairEven if a parent does not hold physical or legal custody of the child, the parent can often gain visitation rights to see their child in a manner that is ‘reasonable’ and ‘fair’. Generally, the parent who holds custody is free to determine what is reasonable or fair, so it is in both parents best interests to cooperate and make sure the child has sufficient time with each parent.5. Parenting Plans Can HelpDivorce is hard, but you might be able to minimize the impact to your child, and minimize your own stress by having a detailed plan for custody and visitation. Understand that no matter what happened between you and your former spouse, your child should come first. Cooperate to create a detailed parenting plan to minimize disputes and ensure custody and visitation is fair to all parties involved.
Are you getting a divorce or thinking about getting divorced? If you have children, one of your main concerns is probably the welfare and well-being of your children during this difficult time. The legal custody process can be overwhelming.The terminology of child custody cases can be new and even confusing to parents, but it’s important for you to be familiar with these key child custody terms so that you can better understand the process and how to negotiate certain points in your child custody agreement.Here are some important legal child custody terms you should be familiar with:1. Physical Custody – Physical custody refers to where the children live the majority of the time. Physical custody can be designated as “primary care” with one parent (Custodial Parent and the other parent is considered the Noncustodial Parent) or “joint physical custody” [a.k.a. “shared care”] where neither parent has primary care and custody of the child is divided between both parents, close to, but not necessarily “50-50.”2. Legal Custody – Legal custody refers to which parent has the authority to make legal decisions on the child’s behalf. Legal custody can be “joint” with either parent having a say in the legal decisions or “sole” where one parent is responsible for legal decisions for the children.3. Visitation [a.k.a. “Alternate Care”] -Child visitation refers to the time the Noncustodial Parent (parent without primary physical custody) is allowed to see his or her children on a regular basis. In some cases visitation may be supervised.4. Visitation Schedule / Visitation Arrangements [a.k.a. “Alternate Care Schedule]-Visitation schedule and arrangements refers to the schedule of when the parent without physical custody is allowed to visit the children. In addition to the visitation schedule, it’s important that you have arrangements identified and clearly spelled out to facilitate the visitation schedule (for instance, clearly identifying who is responsible for transportation to and from the children’s primary residence).5. Temporary Matters Hearing -Temporary Matters Hearing is a hearing that can be requested early in a divorce action to provide an order regarding Custody, Visitation and Support (including alimony and child support costs) while the divorce case is pending.6. Stipulation of Settlement -A final agreement as to all contested issues in the child custody arrangements case.7. Modification Action-A case that follows a divorce or custody case to amend or change the original action’s outcome resulting from a trial or by agreement.There is a common misperception that every divorce or child custody case goes to a trial. In fact, most cases are resolved in the months between a trial date being set and that date arriving without ever seeing a judge or courtroom. In every child custody case you have the option to negotiate through an adversarial process (trial) or alternative dispute resolution, such as mediation (which in many counties is required) or simply coming to an agreement outside the court and without a mediator. Trials are sometimes necessary but are very costly and are almost always an emotional burden on parents and children.When you’re selecting a divorce or child custody attorney, it’s important that you find an experienced trial lawyer in case your case proceeds to trial. Nonetheless, most divorce and child custody attorneys make efforts to avoid trial by reaching an agreement with your soon-to-be ex. Coming to an amicable agreement between the parents is not only good for the parenting relationship, it’s also for your child(ren)’s benefit.Even if your divorce and child custody arrangements are agreeable, negotiating the terms of any agreement (Stipulation of Settlement) and resulting order from the Court (Decree) is important to ensure consistency and stability for the child(ren). Because every child custody case is different, your attorney will be able to walk you through all the details and specifics of your particular situation.
Are you planning of filing for child custody? To have an easy ride it’s important that you understand all the child custody rules.Types of CustodyThe law allows two types of custody: legal custody and physical custody. Legal custody is where you have the right to make the major decisions affecting your child. These decisions include: medical, religious, and educational. Physical custody on the other hand is the right to have the child under your care.There are two types of legal custody: sole and shared. Sole custody gives you the right to make all the major decisions about your child. In shared custody you have to consult your partner before you make any major decision.Who Has The Right Of Filing For Child Custody?There are a number of people who can file for the custody of the child: Both parents, grandparents, and anyone who has taken care of the child for a substantial period of time. You can also seek a custody order if you have legally adopted the child.When you file the case, the court will consider a number of factors when determining the child custody. Some of the factors that it will consider include:
Past or present history of abuse
Parent/guardian who is more likely to encourage or facilitate a relationship with the child
Before you are awarded the custody you have to undergo counseling. During counseling you will discuss many issues including the responsibilities that you have to bare when you are given sole or shared custody. It’s good to note that the court will also consider the advice of the counselor in determining the type of custody that it will award-whether joint or sole.If you are planning of relocating to another state the court will hold a special hearing in order to determine whether you should relocate with the child. To make the right decision the court will consider a number of factors:
Your relationship with the child before the move
Reasons why your non-relocating partner is preventing the move
How the child will benefit from the move
ConclusionTo increase the chances of winning the case it’s paramount that you hire a child custody lawyer. The professional will not only present you in court, but he will also conduct investigations that show why the other partner isn’t supposed to be awarded custody. The attorney will also give recommendations to the court.
If you are separating from your partner, then you may be forced to enter into a battle for child custody or forced to fight for fair child visitation rights. The world of family law can be filled with confusing, technical terminology, but it is important that you learn the meaning of some of these terms, so that you can develop a proper understanding of what is going on with your family.Legal Custody
Legal custody refers to the right to make legal decisions on behalf of your child. These decisions can include things like where the child goes to school, what medical care your child receives, what religion they practice and other decisions regarding their personal assets.Joint Legal Custody
When parents have joint custody over a child, both parents (or two different people who have a relationship to the child) have equal rights to make decisions for their child. Any major decisions taken for the child should be agreed on by both custodians.Sole Legal Custody
If one partner is given sole custody, they are given full power over the rights of the child. Whilst child visitation rights may be granted, the other parent does not have legal influence over the upbringing of the child, or the child’s legal assets.Physical custody
Physical custody refers to the right to have the child live with you are your residence. A person with child custody must ensure that the child is adequately housed. It is possible to have sole physical custody of a child or joint physical custody. In cases of joint physical custody, both parents must ensure that the child is adequately provided for. Even if you do not have custody of your child, you may be given the right to visit your child.Mediation
Mediation refers to the attempts which are made to come to an arrangement. Mediation sessions usually involve a neutral third party, who will seek to assess the facts of the case, whilst working with yourself and your solicitors to come to an arrangement which is suitable for all parties. Mediation sessions will always consider the needs of the children involved. This may have been arranged privately or through family courts.Custody Arrangement
The custody arrangement is the agreement which is ultimately reached between all parties, relating to the legal and physical custody of the child. Because these arrangements are created based on elements which were negotiated during the mediation process, each family will have their own unique custody arrangement. As well as details of legal and physical custody, the arrangement may include a child visitation schedule, a vacation schedule, a schedule of festivities and holidays, and any other specific stipulations which may have been decided on. If the mediation has been formal and arranged through the courts, this custody arrangement will be subject to a court order.Contempt of Court
If either party breaks the Court Order, they are said to be in Contempt of Court, and a family law judge may take action against that party.
A child is an inseparable part of the heart that brings in a new kind of shine into the lives of the parents. When a marriage fails due to uninvited circumstances the child also becomes a part of the painful journey of departing and goes through a mental trauma as well.A child needs both her parents. No kind of negotiations can help in replacing the loss of breaking up of a family.Then again a child needs the proper care and attention and guidance right from the childhood, through the adolescent years and all the way to the early adult life.A child needs all the love and when they don’t get it, they resort to unfair means which later on turns into a regretful incident.Here are a few reasons as to why a child Custody is a wise decision to make if you think you’re not happy with your marriage and your separation should not harm your child.Here are a few ways how you can spare your child from the painful journey1. Joint custody advantageA joint custody is the friendly factor that keeps the family apart yet together. A joint custody is a good decision to bask upon as this gives the child the privilege of sharing a common bonding with both the parents. Though the parents don’t live together, the child still has the smidgen of happiness to get the love of both the parents and not be deprived of anyone’s absence. A joint custody enables a cordial relationship of the child with both the parents so as to not rip the child off his or her deserving happiness.2. An essential Child Custody lawyerHaving a legal knowledge guiding any matter smoothens up the entire procedure to begin with. Having a child Custody lawyer would make the process of handing over or dividing the custody much faster and easier and hassle free. The child Custody lawyer would have the benefit of giving certain mediation rules that would make the entire situation much more comfortable for the child as well as the parents. A mutual agreement is concluded, deciding the visitation hours and the taking care needs and so on. If the paperwork is done effortlessly, the entire process gets done in a specific period of time.3. Who wins the battle of custody takeover?A divorce is never easy, but we can try and help to ease it out as much as possible. In this gruesome battle of custody, the primary care giver and the more responsible one is the more obvious choice to win over the custody of the child. The authority would never give over the caring of a child and the mentoring of a child to an irresponsible and unmindful person. So either of the parents who are more capable of carving a much secured future of the child is trusted with the responsibility. In case of joint custody, it is the rare case where the relationship did not work but it need not be that either of the parents was the unlikely responsible one. In that case the Custody is shared as there were issues in the marriage and not in the parenting part.So as you can see, Divorce is not someone has in mind when they tie the knot.But unlikely circumstances come when they’re least expected, right?Tomorrow you might be a victim of such an event as well.Hopefully this article will help you better in making those choices if it comes down to the child Custody issue and help you make the right choice for your child and for yourself.
Child custody is probably the most emotional and important issue for parents facing divorce. These cases frequently involve additional participants acting in an official capacity. Your private life is about to become not so private. It is customary for the court to order home studies in which a social worker is sent to the houses of the contending parents. These issues do not end with the divorce decree. For instance, one of the parents might move out of the county, the state, or even the country and take the child. It is a very complex situation, that can constantly change.Child custody laws frequently change, and the courts are more in favor of searching for the best situation and the environment for the children when going through a divorce. Often, the parent who is on the losing end of the case feels like a victim of the divorce and of the failed marriage. Custody is a legal arrangement between a parent and child, involving the child’s welfare and primary care, in light of a separation or divorce. It often involves the child being with one parent more than the other, and can be one of the most emotional and delicate issues in a separation or divorce.Child custody agreements will contain terms to establish legal and physical, shared or individual physical custody, or visitation schedules. A good child custody lawyer will recognize that every family is different and every family has unique circumstances that will impact custody and visitation agreements. Child Custody law differs in each state as well. It an extremely difficult and emotional area for divorcing parents to face. Parents naturally want to protect the best interests of their children.
Child custody for fathers is a harder road to travel than for mothers, but it is not as difficult as most men think. With the proper thought and preparation, it is rather easy to at least obtain joint custody. Don’t make joint custody your goal, though. Shoot high for full physical custody and then settle for less only if necessary. This article article will give you tips to get you motivated to fight for custody of your kids.If you are a father who is going through a divorce and fighting to win custody of his kids, then I know exactly what you are going through. I am living proof that you can be happy again and can prevail in your child custody case. Five years ago I went through exactly what you are going through and I won. I have full physical custody of both my boys.Fathers are increasingly winning custody of their children in divorce cases but the sad reality is that many judges are still using the old adage “Tender Years Doctrine,” which typically gave custody to the mother. Even though this philosophy is out of date and has been proven not to be an adequate benchmark for the placement of children, it is still used. The current philosophy is “The Best Interest of The Child,” which doesn’t automatically give custody to the mother.For all you fathers seeking custody of your kids you can win custody of your children if you are willing to fight. Many fathers even today are discouraged by these out of date statistics and just automatically think that they don’t have a chance. By not fighting for custody, the courts fall back on the Mother. If you are willing to prove to the court that you can, want and are able to raise your kids, you can significantly increase your chances of winning custody of your kids.You can actually turn the reality of the courts favoring the mother in child custody settlements around to your advantage. As I said earlier in this article, many fathers automatically assume that they don’t have a chance at winning custody. The opposite is also true, most women automatically assume that they will get full custody and don’t put much effort into their case. So by putting effort and thought into your custody preparation you can catch your ex off guard and appear to the judge to be the better choice for physical custody of your kids. My advice is to put up a fight, arm yourself with as much information as you can specifically regarding child custody for fathers and get a good attorney.Picture yourself and your precious kids reading books in their bedroom in “your” house on a full time basis. Remember this picture in your mind whenever you get discouraged. Just know, that you can and will get custody of your kids even if it is just joint custody (at least you would still have a say in major decisions regarding their welfare.)
Many divorcing parents use mediation to work through their child custody case. Oftentimes, these parents leave mediation and are very happy with their child custody arrangement. They feel like they have won in their custody situation. Since no parent wants to lose in child custody, here are three ways that mediation can help you win.1. Mediation allows you to be in on the decisions. With mediation, you and your former spouse sit down with a neutral third party and work out your custody agreement. By the time you are done with mediation, you should have a plan that is acceptable to both parents. You are able to give input during the entire process and you can make sure that the issues that are important to you are taken care of. This is a win in child custody because you get a plan that you want. If you leave the decision up to the court, ultimately the judge makes the final decision. The judge may adopt what you suggest–but there is a chance that your plan won’t be accepted. You have less direct control if you leave your custody agreement up to the courts.2. It’s easier on you and the children. Let’s face it, child custody cases can be long and difficult on parents and children. It can be hard for the parents to come to an agreement, and it is difficult for children to watch their parents fight and to not have a stable schedule. Mediation can take a lot of fighting out of the custody case–and that helps everyone win. It can also speed the process up. Parents schedule the days when to meet, and they take care of the agreement. It prevents the custody case from dragging on and on. Again, this is a win for everyone.3. It costs less. You definitely win if you can save some money. There can be staggering legal fees when parents hire lawyers and a custody case lasts forever and goes to court multiple times. There is a fee for mediation, but it is usually a one or two time fee and then you are down. Sometimes there are even mediation services offered by the court. You save a lot of money if you use that service.You want to win in your child custody situation. And, you want your children to win too. Using mediation can help you make the decisions regarding your custody agreement, is easier on you and your children, and it can save you money. That’s definitely a win.
Divorce is difficult in any situation, but it is especially hard when there are children involved. If you and your spouse are divorcing, you will need to determine who will have custody of the children. If you cannot come to an amicable decision, then you may have to battle it out in court. Here are some tips that will help you come out on the winning side of a child custody case.Learn about Child Custody LawsEach state has its own approach to child custody, and you need to become familiar with the laws where you live. This will help you gather the information necessary to present to your lawyer, and it will give you the knowledge you need to approach your case appropriately.Hire an Excellent AttorneyEven if you fully understand child custody laws and think that you have a good chance of getting custody of your children, you need a lawyer who will be able to plead your case in court. Whether you are filing for full custody or joint custody, a powerful lawyer can emphasize your strengths so that you have a better chance of winning. Your attorney will also have the knowledge and experience necessary to give you good advice, and you need to be sure to listen to what he says. Follow his directions and take the appropriate steps necessary to improve your chances of winning.Monitor Your BehaviorWhile your past behavior will play a large part in whether you are allowed to care for your children, you must also watch how you behave during the custody battle. Avoid getting into angry fights with your spouse, and don’t say negative things in front of your children. You should maintain your composure at all times, and show respect to your spouse’s attorney. Anything you say during meetings could be used against you in court, so you must always appear calm and collected.Be HonestIn order to have a good chance of winning custody of your children, you must be honest about your relationship with your children. Even if you chose to leave your spouse, the judge may give more weight to the fact that you are heavily involved in your children’s lives. If you were not frequently involved before the divorce, then you may only be awarded visitation rights or joint custody.Preparing to Pay Child SupportIn the event that you must share custody or relinquish custody of your children, then you may be expected to pay child support. The court will determine how much you must pay. You can go back to court to adjust the amount in the future, but take care that you always pay the determined amount on a regular basis.Divorce is difficult, but it is even more heart-breaking when children are involved. By following these tips, you can strengthen your case for gaining custody of your children so that you can continue to watch them grow and thrive.