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Child Custody Archives

Child custody matters

Few family law issues are as gut wrenching and emotional as child custody proceedings. Often what begins as respectful discussions can escalate into contentious disputes since both parents typically want to remain an active part of their children's lives. While there are occasions when parents can work out child custody and visitation agreements without hostility, it is not usually the norm.

What is a conservator in Texas child support orders?

The words "conservator" and "conservatorship" can be confusing terms for parents struggling through child custody proceedings. The two terms sound like something you might hear from an estate planning attorney rather than a family law attorney, but the explanation is rather straightforward.

The fundamental aspects of a parenting plan

Under Texas law, parents may agree to an informal or legal parenting plan that details how their children spend time with them and how they make important decisions regarding their children. The decisions made in an informal parenting plan could be a little different from the legal order, which takes precedence. There are many basic aspects that the parents need to consider while focusing on arrangements that work best for the children.

Role of law enforcement in child abduction cases

In Texas, a public official or prosecutor may take legal action in child custody cases that meet specific criteria. To move forward with legal action, there must be an existing determination regarding child custody or a request from a court in connection with a pending proceeding involving such a matter. In addition, there must be reasonable suspicion that the child was removed overseas to a country that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction or retained in violation of a criminal statute.

Modifying a Texas child support order

A Texas court will consider changing a child custody or support order in response to a Petition to Modify the Parent-Child Relationship. The process is more efficient if both parents agree to the modification. However, regardless of whether the parents agree or disagree, this petition is the first step to modifying a support order.

What is the role of a parenting coordinator?

Texas family court judges make child custody and visitation decisions based on the children's best interest. If both parents can come to an agreement about child custody issues and the judge agrees that the arrangements are in the children's best interests, it is likely that the judge will accept them. Some parents find it difficult, or even impossible, to come to any sort of shared parenting or child custody agreement.

Visitation rights in Texas explained

Under Texas law, both parents have rights and responsibilities to their children. Additionally, judges want parents to work together toward the best interest of their children as this cooperation can provide clear expectations to their children. When parents are unable to reach an agreement on their own regarding how to divide these responsibilities, the court makes an assessment based on the child's best interest.

Do grandparents have visitation rights in Texas?

In the absence of a court order, the laws of the state of Texas do not give grandparents the right to continuing contact or visitation with their grandchildren. There is a presumption that parents are to determine who is allowed access to their children, because parents are presumed to act in their children's best interests. Only with compelling evidence may grandparents gain the legal right to see their grandchildren.

Texas divorce and deciding what is best for the children

One important agreement parents make when divorce happens is what is best for the children. Using that as a base, an arrangement is structured that outlines whether one or both parents are responsible for decisions pertinent to the child's care. If parents are unable to reach a mutually agreeable arrangement, the court will decide.

Prenatal paternity test questioned in child custody case

Texans who follow custody battles may be aware of a case where a father, who is an NBA player, is demanding additional testing to confirm a paternity test that had been previously performed. If it is proven he is the biological father, he is asking for sole custody.

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