Texas Child Custody

Custody cases destroy people.

Those who have been through a painful custody dispute know why these struggles are associated with prohibitively high rates of both suicide and homicide.

Family court judges often live in fear of their lives, as discontented parents often blame them for tearing their family apart. More often though, a bad custody battle leads to self-harm, especially in the case of males, who tend to be the ones who often feel discriminated against by the family court system.

The best cure for this emotional struggles, of course, is to stay away from going to court entirely. Do your best to reach a satisfactory arrangement with your former partner, without bringing in legal intermediaries.

Either way though, while your highest priority needs to be settling on a custody arrangement that is in the best interests of your children, your number two priority must be to cope with the stress of the custody preparations without passing that emotions on to your child.

Avoid allowing your son or daughter to participate in any of your emotional work that are connected with your failed relationship. This is particularly damaging where a child is allowed to feel responsible for the separation, or when one parent often plays the role of the “victim”, leaving the children feeling that they need to do something to fix the situation!

Be mindful that your little ones loves you both, and it is not their fault that your relationship did not work. They did not cause your relationship breakdown and they cannot remedy it.

You must assume the responsibility for this yourself, and if you need establish (as we all do) you need to find it from peers – siblings, parents or buddies – and not from your child.

The simple rule is this: do not talk to your little ones about your child custody case. If they ask you how it is developing, assure them that both parents are both working hard to agree on an arrangement that is most helpful for them (the child) and leave it there.
If your child pushes you for more information, it can be very difficult to avoid going into details, but you must make an effort to avoid sharing bitterness and hurt with your child, as you do not want your agony to become their anguish.

An experienced family counsellor can be an indispensable asset in these circumstances, for both parents and children. In some conditions, it may even be possible (and very constructive) for a practiced counsellor to facilitate discussion between a child and both separated parents. Do not endeavor to do this though without professional assistance. The dynamics of such a discourse can be very tough to control, and the consequences are just far too serious if things go awry.

Child custody cases are undesirable for everybody – children, parents and the public at large – and there is only ever one appropriate basis for entering into a custody battle in the first place: you are worried about best interests of your son or daughter. If then you really are striving for the best interests of your children, be assured that it will never be in their best interests to immerse them in the heartache of the custody war.

For more information on Making it through your Custody Battle:

http://www.custodyrights.org

In most states, a court’s decision about child custody during a divorce used to be simple to make. The judge would give custody to the mom. The father got alternating weekend visitation. Now, custody decisions are drastically more complex. Many states have adopted a standard called “best interests of the child.” Judges are required to weigh a list of factors to shape which parent is the apt custodian of the children. The level of complexity in custody decisions has drastically risen and decisions are no longer clear-cut.Florida is one state that places an emphasis on the protection of children involved in a divorce. The greater interests of the child are the guiding principles in Florida. Domestic relations law of the state outline a directory of factors a judge must consider in every custody decision:
1. the child’s school and home history;
2. the permanence of the child’s proposed home;
3. the continuity of the child’s situation;
4. the parent’s competence to provide the necessities of life;
5. love, affection, and existing ties with either parent;
6. any history of domestic violence; and
7. the parent most likely to support the child’s continued contact and relationship with the other parent.
There are two factors that appear to be most important:
1. the history of domestic violence and
2. the parent most likely to promote the child’s continued contact and relationship with the other parent. The importance of considering domestic violence is evident. If a child is awarded to a violent parent, the safety of that child might be compromised. But most people are not cognizant of and do not comprehend why factor #2 is so important: the parent most likely to further the child’s continued contact and relationship with the other parent. And because there is so little discernmentAntonym of this factor, it presents both a great opportunity and great risk for parents seeking custody of their child. The “best interests of the child” standard was developed by lawyers, judges, child psychologists, and social workers. It represents a balancing of interests and is designed to benefit the child. The states that have adopted this standard believe a child should have a continuing bond with both parents, even after a divorce. And that mutual bond is best promoted by a parent that promotes visitation with the non-custodial parent. The parent that appears to promote the child’s contact with the other parent will get a strong preference in a custody decision. The parent that refuses visitation with the other parent will hurt themselves in a custody decision. Cooperation with visitation can take various forms. A suggested pattern of conduct includes: avoiding discussions of adult divorce issues with the children, making reasonable arrangements for weekly visitation, openness about sharing holidays with the children, and participating in joint decision making about key children’s issues.If you are considering divorce, you should educate yourself about how courts and judges make decisions. By educating yourself, you can make sure a judge will look favorably at your behavior. A divorce doesn’t have to be a guessing game. The educated spouse will always get a more favorable outcome.

Your immediate thought after a bond breakdown might be to move as far away from your ex as possible – getting out of Texas and moving interstate – but this can cause all sort of problems if there is a child involved: emotional, social, and also legal problems!

Remember that the Texas Family Court considers the interest of the children to be the key determining factor when awarding custody, and a parent who disappears from the scene after a divorce is rarely perceived as acting in the best interests of the child.

Sustaining some degree of stability for your little ones through the turmoil of family breakdown is important, and you need to comprehend that your child’s whole notion of ‘home’ is one that was developed from within that environment you fashioned when you and your former partner were still together.

For this reason you should avoid displacing your children from the family residence if at all possible, most especially in the early months after separation.

Continuing at your residence may be troublesome, especially if you have friends or neighbors whose very presence reminds you of the pain of your relationship breakdown, and you may be seeking the support of your home, who may live a long way away. Yet this is the home of your children home. And the ‘home’ is more than four walls and a bed. It encompasses friends, sporting clubs, and your child’s customary recreational hangouts, all of which your child may are required now more than ever!

If you are the parent you has been forced to leave the family home, this makes the question of place of residency no less important, and you should weigh up very carefully about how to maintain a consistent environment for your child when you choose where to live.

From a practical perspective, living closer to your spouse also means that a joint custody alternative is more realistic.

By remaining close to your child’s friends, this also allows play-dates to go on in the familiar way, babysitting dealings can be more easily handled, as can the logistics of collecting forgotten clothes and toys from your child’s other home.

If you consider the long-term, you’ll realise that living in the area means that you can better support the other parent with school pick-up’s where one of you is unable to manage, and in a variety of other practical circumstances. This all means more “normal” time spent with your child that improves the situation of both parents and the little ones.

And do not forget that these issues are not solely personal family matters. They are also legal issues, and can play a crucial role in decisive custody cases. The family court in Texas awards custody by defining what is in the best interests of the children, and it is seldom going to be in the best interest of the children if one of the parents moves away interstate, particularly if they are planning on taking their child with them.

For more information on Custody Laws – what if I move interstate?:

http://www.texaschild-custody.com/my-custody-rights-if-i-leave-texas.php

In most states, a court’s decision about child custody during a failed relationship used to be simple to make. The judge would give custody to the mom. The dad got alternating weekend visitation. Now, custody decisions are drastically more complex. Many states have adopted a standard called “best interests of the child.” Judges are required to weigh a list of factors to verify which parent is the correct custodian of the children. The level of complexity in custody decisions has drastically risen and decisions are no longer clear-cut.Florida is one state that places an emphasis on the protection of children involved in a divorce. The best interests of the child are the guiding principles in Florida. Domestic relations law of the state outline a catalog of factors a judge must consider in every custody decision:
1. the child’s school and home history;
2. the permanence of the child’s proposed home;
3. the continuity of the child’s situation;
4. the parent’s capability to provide the necessities of life;
5. love, affection, and existing ties with either parent;
6. any history of domestic violence; and
7. the parent most likely to progress the child’s continued contact and relationship with the other parent.
There are two factors that appear to be most important:
1. the history of domestic violence and
2. the parent most likely to boost the child’s continued contact and relationship with the other parent. The importance of considering domestic violence is obvious. If a child is awarded to a violent parent, the safety of that child might be compromised. But most people are not alert of and do not realize why factor #2 is so important: the parent most likely to advocate the child’s continued contact and relationship with the other parent. And because there is so little mindfulness of this factor, it presents both a great opportunity and great problem for parents seeking custody of their child. The “best interests of the child” standard was developed by lawyers, judges, child psychologists, and social workers. It represents a balancing of interests and is designed to benefit the child. The states that have adopted this standard believe a child should have a continuing bond with both parents, even after a divorce. And that mutual bond is best promoted by a parent that promotes visitation with the non-custodial parent. The parent that appears to promote the child’s contact with the other parent will get a strong preference in a custody decision. The parent that refuses visitation with the other parent will hurt themselves in a custody decision. Cooperation with visitation can take several forms. A suggested pattern of conduct includes: avoiding discussions of adult divorce issues with the children, making reasonable arrangements for weekly visitation, openness about sharing holidays with the children, and participating in joint decision making about chief children’s issues.If you are considering divorce, you should educate yourself about how courts and judges make decisions. By educating yourself, you can make sure a judge will look favorably at your behavior. A divorce doesn’t have to be a guessing game. The educated spouse will always get a more favorable outcome.

The court always favors custody verdicts that are in the “best interests of the child” and as such can spell out the rights and requirements of parents where shared custody (technically referred to as ‘joint conservatorship’) has been granted.

Shared Custody is a difficult balance to achieve, but if you want to avoid involvement from the courts and make your custody agreement work for the best interests of your son or daughter, plenty of consideration will be necessary to determine how to make the move between the two homes as smooth as is feasible.

An example of a good practice in a joint conservatorship is to set up a consistent system of house rules in both family homes. Often parents are tempted to instantly change rules that were a source of exasperation during the marriage or that remind them of their ex. Such incongruities though can be disruptive for the child, and even push them to accommodate their behaviour between homes.

As a result, children can become very good at pleasing or even manipulating states of affairs between the homes for their own benefit in situations where parents are still emotionally at risk. This is not because children are basically mischievous but is simply a survival strategy. A child requires consistency of rules and schedules between homes, for both personal peace and for their healthy emotional and physical development.

Developing this consistency may require regular phone calls and meetings between parents to agree on the needs of the child and the working out of a calendar together, so that there are obvious expectations and little room for emotional game playing. Ensure, as far as is possible, that both homes are in agreement on rules regarding bedtimes, tv viewing, internet use and going out with familiar companions.

As your child grows, these rules will, of course, need to be reviewed together and changes implemented co-operatively. In truth, parents who agree to a joint custody arrangement because they are truly looking to the best interests of the child need to put in the season necessary to make it work. They also need to be willing to change the deal should the needs of the child change.

When a child decides that he or she would now like to spend extra time in the home of one particular parent, there is often an impossible guilt that they feel over choosing one parent above the other. Parents need to be proactive in freeing their little one from this guilt by making it clear that the arrangements have been set up to serve their best interests and not your needs, and that you are therefore always open to alter them.

Study in this area still suggests that most children are more settled in one household. Parents often see joint custody as an agreement that satisfies their ‘rights’, but the danger is that the child’s needs will be forgotten in the process. Shared Custody can work, and it can work wonderfully, but, as in any custody deal, a willingness to be flexible and to put the child first are the fundamental keys to success.

For more information on Shared custody – working together:

http://www.texaschild-custody.com

A child custody proceeding is any case involving child protection, adoption, guardianship, termination of parental rights or voluntary placement of your child. The support order will be based on the child’s needs, obligor’s capability to pay, custody arrangements and the child support guidelines.

The Criminal Code makes it an offence to abduct a child to spite a custody order. A custody order decides both the custody and parenting time arrangement for the children. Your child custody order is also confidential. 
When an unmarried mother has a child, the mother has legal custody of that child until a court determines otherwise.

During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to establish.  The Court system must weigh up the following factors in every child custody decision under the law regarding the best interest of the child. The court holds the power to amend the custody arrangements until the child turns 18 or is emancipated.

You may contest custody, child support, and alimony and property division by appearing in court and filing appropriate legal papers.  At the hearing, the court shall hear evidence to decide whether the child custody and support determination should be changed.  The fact that one parent has been the child’s primary guardian is often considered but is not enough to guarantee a custody award.

It is not that unusual for middle class parents to spend $60,000 on a divorce and child custody battle. Traditionally, divorce in the United States results in one parent being awarded primary custody and decision making for a child.

Each parent shares the rights and responsibility for the care, custody, companionship, and support of their offspring.  Some states, like Arizona, have fathers rights groups especially dedicated to helping fathers obtain custody of their children (arizonafathersrights.com for example).  

Custody means that a mom or dad has legal custodial rights and responsibilities toward the child.   Joint child custody means that both parents have the lawful custodial rights and responsibilities toward a child.  Joint custody allows both parents to have a say in the child’s upbringing.

There is no evidence to support that a presumption of joint custody is in the primary interests of children.

A study found that only when parents were still actively fighting did joint custody exacerbate children’s feelings of being torn between parents. However, when both parents favor joint custody, it can be a good solution for the children. Some parents have chosen a joint-custody arrangement in which the child spends an approximately equal amount of time with both parents. Some states award joint custody in which the judge simply divides the child’s time between the parents.

Joint custody does not mean simply alternating where the child lives from time to time.  In fact, there may be legal joint custody, but the child may live with only one parent. Legal child custody includes the right to make decisions about the child’s education, religion, health care, and other important concerns. A child may be placed in foster care while a custody case is pending.  Legal custody means the right to determine the child’s upbringing, including education, health care, and religious training.

Physical custody and residence means the routine daily care and control and where the child lives.  Physical child custody is awarded to one parent with whom the child will live most of the time.  In most cases, both parents continue to share lawful child custody but one parent gains physical child custody.  There is also a presumption that it is in the child’s best interest to be in the custody of a parent over a non-parent.

Visitation rights allow the non-custodial parent (the person without child custody) time to spend with their child.  A common arrangement is that one parent gets custody of the child and the other parent is given visitation rights.

A child custody evaluation is a report written by a neutral professional about you, the other parent, and your children.  It is usually not necessary that formal psychological tests be administered to each parent in the context of a child-custody evaluation.  The primary purpose and focus of the custody and/or visitation evaluation is to determine what is in the best interests of the child.

Comprehensive child custody evaluations generally require an evaluation of all parents/guardians and children, as well as observations of interactions between them.  The children are also evaluated in a custody/visitation evaluation.

Because of the complexity of child custody matters and the importance of the outcome, it may be advisable to contact an attorney. The attorney should know several child custody evaluators or guardian ad items that they have worked with successfully. If you proceed with a child custody action without an attorney, you are acting as your own attorney.

In a child custody dispute, there are rarely winners, frequently everyone is a loser, and the biggest losers are often the children.

For more facts on Child Custody Law, visit us at http://www.custodyrights.org/child-custody-issues—7-tips.php

Unfortunately the damage done by a relationship breakdown is never restricted to just two adults.

We all understand nowadays that while a couple may be distressed enormously, their kids are probably suffering most of all, and the more the parents endure, the greater is the pressure on their offspring.

Often disregarded in this cycle of hurt though are the grandparents. They too have their long-term relationship with their grandchildren threatened by the the dissolution of a marriage, and in their case it can be both a practical strain and a legal impediment to maintain the relationship!

The end of the relationship between dad amd mom should not need to mean the close of the grandparent’s connection with their grandchildren. In fact, with the occasional exception of cases where the grandparent relationship is being manipulated by one of the parents for their own profit, it is always going to be in the good interest of the child for them to be able to continue their other significant even good marriages, like that unique relationship with the grandparents.

as elsewhere in the US, it is not normally a legal agreement for a biological or adoptive grandparent to file for custody of their grandchild, as the family court upholds that the best interest of the children are normally served by maximizing contact with their parents, providing that they have shown themselves eager to serve the child’s best interests.

There are naturally exceptions to this rule, and in cases where there is proof to suggest that the youngster is at risk of either physical or emotional abuse, the grandparents can step forward and file a suit, suing for custody! This is not the standard practice of course, even in disastrous situations, as regularly it is the court itself that takes the initiative in bringing in the grandparents.

Indeed, if two parents fail to show themselves responsible enough to manage custody of the little ones, the grandparents are generally the first persons approached by the court for custody. Otherwise, the family law court judge has to consider other more distant relatives as potential legal carers, especially where the parents of a child are deceased or in jail.

These are of course the extreme options – where grandparents are either taking custody of their grandchildren or are shut out of their lives altogether! In the greater number of cases, the grandparents rather have to go through similar struggles to those of the non-custodial parent – battling to organise access times that fit in with the new family arrangements, while simultaneously giving priority to their grandchildren’s struggling parents!

The court can of course order that a grandparent be given reasonable possession or access to a grandchild, but they will usually leave these arrangements to be worked out privately with the parents.
Ultimately a grandparent is in a distinctive position to assist the grandchild through a difficult time and mum and dad need to accept this.

Indeed, grandpa and grandma should work hard during a time of family dissolution to make themselves available to their children and children’s children, while of course remaining careful to escape taking sides and letting their aggravation fall on to any of the kids!

With a bit of luck the time the children spend with nan and pop will be time to rest and recover from the difficulties of their lives.

For more information on Custody battles and the custody rights of Grandparents

http://[www.texaschild-custody.com]

Often when a union dissolves, the initial response of the parent leaving the family home is to relocate as far away from their former partner as possible. Aside from the affects this can have on your child’s emotional wellbeing, it can also affect the processes of filing a suit by raising problems of court jurisdiction.

In Texas, your choice of where you live is not only a private issue between you and your child. It is also very much a legal problem. When initiating a child custody dispute, you first need to give notice to the other parent. Before filing a child custody lawsuit in Texas you need to fix whether the suit has been filed in the proper state and court. Texas has very specific laws to determine whether a custody dispute has been filed in the correct court.

It is worth noting, however, that all states in the USA are governed by the Uniform Child Custody Jurisdiction Act (UCCJA). This is a ruling that determines which state can make custody results. It sets out the rules that shape which state can hear a custody suit and avoids confusion, where two states could make custody rulings involving the same child! Under this law, states must try to collaborate with one another and must identify and enforce the custody orders of other states.

In the state of Texas, clashes arise when one parent does not reside in Texas, or the child and other parent have vacated Texas. Whether they have moved to another state or another country it is handled in the same way.

For the most part, the matter of which state has jurisdiction is determined by where the child (on the date of the commencement of the proceeding) has residence, regardless of whether the family members may have subsequently moved. This includes situations where the child no longer safety in the state but the parents do.

Things are not always this simple however. In some cases, the court of the state where the child resides may decline to exercise their right of jurisdiction if it is decided that another state is a more appropriate environment.

Again, this reflects the best interest of the son or daughter, because often a child and their parent has a significant connection with a particular state, other than their mere physical presence, or were there is a significant amount of relevant evidence available in a particular state – evidence regarding the child’s care, protection, training and personal the best relationships.

In other cases, the parent may have already been given the citation of the previous state and agreed to it prior to moving interstate, allowing the original county to exercise it’s jurisdiction over them.

Technically, jurisdiction of a child custody case can be fixed in Texas even if a party has never lived in Texas! A party can be subject to a state’s jurisdiction if they had merely engaged in sexual activity in that state, and the child was conceived as a result of that act!

Where one parent does reside in another state, the court can require them to appear before the court in person. This can be with or without the children. Where the parent in this state has physical custody of the child, the court can command them to appear in person with the child.

The parent instigating the citation needs to be aware that if a non-resident-of-the-state parent is expected to be present at a child custody proceeding, the court may require the other parent to cover travel and accommodation expenses. The child however need not be with them.

Once it is decided upon that jurisdiction is apt in Texas, when a party or the child resides out of state, then the proper county for the suit is determined by the general venue provisions, as previously set out above, concerning where most of the information concerning the case exists.

Otherwise, where a court in Texas has already made a child custody determination, it has total ongoing jurisdiction over that result unless or until it is worked out that the little one or parent’s significant connection with that state no longer exists and that substantial evidence concerning the child’s care, protection and training now exists in another state.

For more information on Texas Law and Interstate Child Custody Cases:

http://www.custodyrights.org

When mother and father decide that they can no longer set up house together, this does not of course mean that either of them loves their children any less. On the contrary, marriage breakdown tends to strengthen the love parents have for their children, and it brings out the protective instincts in both mom and dad.

On account of this though, the children can also become ready-to-hand weapons, used by one partner to damage the other. The tragedy, of course, is that this tends to loss the kids even more than the parents!

If your prime concern is really for the welfare of your children, you must shield yourself from day one of your separation or divorce, to avoid criticizing or making deprecating statements about your former partner in front of your children.

Niggling away at your former spouse through little payback comments that are difficult to challenge becomes painfully apparent to your daughter or son after a while, and such complaints only serve to prolong the battle with your estranged partner.

Be the adult in the situation, so that your little one, and only your little one, gets to be the little one.

Countless times, angered parents submit to the temptation to have a go at their ex by returning kids a little later than organized, thus making a point of rights, or they consciously change arrangements at the last second, just to stay ahead in the pay-back stakes.

Once you have divorced, you need to let go of the desire to penalize your estranged spouse for the pain you have experienced together. If something seems unnecessary, discuss this with your former partner and don’t let it build up, and be sure to eliminate the, “this is so typical of you” tone, especially when within earshot of the children.

When your children go back to the other parent, they should not have to bear the burden of hearing about how the other begrudges their behavior, potentially destroying what should have been a positive time with the other parent.

Do not forget that while you might dislike having to be involved with your former spouse for the rest of your child’s life, you are required to fulfill the responsibilities that have been born of that effort together. Your child should not have to pay for that.

Remember that a psycho-emotional level, you are both a fundamental part of your child’s identity. You pull to pieces that identity when you put down your estranged partner, as you not only create conflicting loyalties within your son or daughter, but also unconsciously destroy the view they have of themselves, which in younger years is intimately linked to their understanding of their parents.

It will always be in the best interests of your children to have the unconditional love of both dad and mom, and the working through of a difficult custody agreement must be directed by the careful actions of the adults involved.

Relieving your child of the trauma of dislocation, and helping them to keep hold of their connection with both parents is in general the best you can do for a child. Managing your anger and moving beyond your personal dissatisfaction with your estranged partner can be one of the best things you can do for your son or daughter.

For ultimately, you do want your little one to learn that sometimes associations do break down and that things do get difficult, but that, in the end, they can turn out ok! This is what spirit is all about and nurturing this in your child has always got to be in their best interests.

For more information on Shielding your children from the custody battle:

http://www.texaschild-custody.com

A child custody proceeding is any case involving child protection, adoption, guardianship, termination of parental rights or voluntary placement of your child. The support order will be based on the child’s needs, obligor’s capability to pay, custody arrangements and the child support guidelines.

The Criminal Code makes it an offence to abduct a child to spite a custody order. A custody order establishes both the custody and parenting time arrangement for the children. Your child custody order is also confidential. 
When an unwed mother has a child, the mother has legal custody of that child until a court says otherwise.

During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to decree.  The legal system must consider the following factors in every child custody decision under the law regarding the best interest of the child. The court retains the power to amend the custody arrangements until the child turns 18 or is emancipated.

You may contest custody, child support, and alimony and property division by appearing in court and filing appropriate legal papers.  At the hearing, the court shall hear evidence to decide whether the child custody and support determination should be altered.  The fact that one parent has been the child’s primary caretaker is often considered but is not sufficient to guarantee a custody award.

It is not that unusual for middle class parents to spend $60,000 on a divorce and child custody fight. Traditionally, divorce in the USA results in one parent being awarded primary custody and decision making for a child.

Each parent shares the rights and responsibility for the care, custody, companionship, and support of their progeny.  Some states, for example Arizona, have fathers rights groups especially dedicated to helping fathers obtain custody of their children (arizonafathersrights.com for example).  

Custody means that a mother or father has legal custodial rights and responsibilities toward the child.   Joint child custody means that both parents have the lawful custodial rights and responsibilities toward a child.  Joint custody permits both parents to have a say in the child’s upbringing.

There is no evidence to support that a presumption of joint custody is in the best interests of children.

A study found that only when parents were still actively fighting did joint custody exacerbate children’s feelings of being torn between parents. However, when both parents favor joint custody, it can be a good solution for the children. Some parents have chosen a joint-custody arrangement in which the child spends an approximately equal amount of time with both parents. Some states award joint custody in which the judge simply divides the child’s time between the parents.

Joint custody does not mean simply alternating where the child abodes from time to time.  In fact, there may be legal joint custody, but the child may live with only one parent. Legal child custody includes the right to make decisions about the child’s education, religion, health care, and other important concerns. A child may be placed in foster care while a custody case is pending.  Legal custody means the right to determine the child’s upbringing, including education, health care, and religious training.

Physical custody and residence means the routine daily care and control and where the child lives.  Physical child custody is awarded to one parent with whom the child will live most of the time.  In most cases, both parents continue to share lawful child custody but one parent gains physical child custody.  There is also a presumption that it is in the child’s best interest to be in the custody of a parent over a non-parent.

Visitation rights allow the non-custodial parent (the person without child custody) time to spend with their child.  A common arrangement is that one parent gets custody of the child and the other parent is given visitation rights.

A child custody evaluation is a report written by a neutral professional about you, the other parent, and your children.  It is usually not necessary that formal psychological tests be administered to each parent in the context of a child-custody evaluation.  The primary purpose and focus of the custody and/or visitation evaluation is to determine what is in the best interests of the child.

Comprehensive child custody evaluations generally require an evaluation of all parents/guardians and children, as well as observations of interactions between them.  The children are also evaluated in a custody/visitation evaluation.

Because of the complexity of child custody matters and the importance of the outcome, it may be advisable to contact an attorney. The attorney should know several child custody evaluators or guardian ad items that they have worked with successfully. If you proceed with a child custody action without an attorney, you are acting as your own attorney.

In a child custody conflict, there are rarely winners, frequently everyone is a loser, and the biggest losers are often the children.

For more details on Child Custody Law, visit us at http://www.custodyrights.org

Custody confrontations devastate people.

Those who have been through a undesirable custody action realize why these disputes are associated with extraordinary rates of both suicide and murder.

Family court judges often live in fear of their lives, as unhappy parents often blame them for tearing their next of kin apart. More often though, a bad custody suit leads to self-harm, especially in the case of males, who tend to be the ones who often feel victimized by the family court system.

The best remedy for this strain, of course, is to avoid going to court completely. Try hard to reach a satisfactory arrangement with your ex, without bringing in court intermediaries.

Either way though, while your foremost priority needs to be finding a custody arrangement that is in the best interests of your child, your number two priority must be to handle the pressure of the custody preparations without passing that stress on to your children.

Avoid allowing your child to join you in any of your emotional difficulties that are connected with your failed marriage. This is particularly damaging where a child is allowed to feel responsible for the divorce, or when one parent often plays the role of the “victim”, leaving the son or daughter feeling that they need to do something to cure the situation!

Remember that your children loves you both, and it is not their fault that your relationship did not last. They did not cause your marriage breakdown and they cannot fix it.

You must take on the responsibility for this yourself, and if you need support (as we all do) you need to ask for it from other adults – siblings, parents or friends – and not from your little ones.

The simple rule is this: do not dialogue with your child about your child custody case. If they ask you how it is developing, assure them that both mom and dad are both working hard to agree on an arrangement that is the best possible arrangement for them (the child) and leave it there.
If your child wants to continue the dialogue, it can be very difficult to shun going into details, but you must try hard to avoid sharing hurt and frustration with your children, as you do not want your heartache to become their pain.

A professional family counsellor can be an indispensable asset in these circumstances, for both parents and son or daughter. In some situations, it may even be possible (and very beneficial) for a professional counsellor to arbitrate discussion between a child and both separated parents. Do not endeavor to do this though on your own. The dynamics of such a dialogue can be very challenging to control, and the consequences are just far too serious if things go pear-shaped.

Custody law cases are difficult for everybody – children, parents and the community at large – and there is only ever one appropriate justification for entering into a custody battle in the first place: you are anxious for best interests of your little ones. If then you really are working towards the best interests of your little ones, be assured that it will never be in their best interests to embroil them in the agony of the custody war.

For more information on Making it through your Custody Battle:

http://www.texaschild-custody.com/surviving-your-custody-battle.php

Your next thought after a bond breakdown might be to move as far away from your estranged partner as possible – moving out of Texas and moving interstate – but this can cause all sort of difficulties if there are children involved: emotional, social, and also legal problems!

Do not forget that the Texas Family Court considers the interest of the youngster to be the key determining factor when deciding on custody, and a parent who removes themselves from the scene after a marital seperation is rarely perceived as acting in the best interests of the young person.

Maintaining some degree of permanence for your youth through the disruption of family breakdown is very important, and you need to comprehend that your child’s whole conception of ‘home’ is one that was developed from within that environment you constructed when you and your former partner were still part of a family unit.

hence you should avoid displacing your children from the family residence if at all possible, particularly in the early months after separation.

Continuing at your residence may be painful, most especially if you have friends or neighbors whose very presence reminds you of the pain of your relationship breakdown, and you may desire the support of your family and friends, who may live a long way away. Yet this is the home of your child home. And the ‘home’ is more than four walls and a bed. It includes friends, sporting clubs, and your child’s well-known recreational hangouts, all of which your child may need now more than ever!

If you are the parent you has been forced to vacate the family home, this makes the question of your address no less important, and you should consider very carefully about how to maintain a harmonious environment for your children when you choose where to live.

From a practical viewpoint, living closer to your spouse also means that a shared care alternative is more viable.

By remaining close to your child’s familiar companions, this also allows play-dates to continue in the familiar way, babysitting arrangements can be more easily managed, as can the logistics of collecting forgotten clothes and toys from your child’s other home.

If you look to the long-term, you’ll realise that living in the area means that you can better assist the other parent with school pick-up’s where one of you is delayed, and in a variety of other practical circumstances. This all means more “routine” time spent with your little ones that improves the position of both parents and the child.

And do not forget that these issues are not only personal family matters. They are also legal issues, and can play a crucial role in resolving custody cases. The family court in Texas awards custody by deciding what is in the best interests of the little ones, and it is hardly ever going to be in the best interest of the child if one of the parents moves away interstate, particularly if they are planning on taking their children with them.

For more information on Custody-Rights – Should-I-Stay-in-Texas?:

http://www.texaschild-custody.com/my-custody-rights-if-i-leave-texas.php

When getting ready for a custody action in Texas, both parents need to be thinking basically about what is in the best interests of the child, for this is what the judge will be focusing on.

Mum and dad do have entitlements under Texas law, but it is the needs and rights of the child that are of key importance in custody battles, and these will be the key factors upon which the court will attempt to base the decision.

As can be seen in section 153.002 of the Texas Family Code, normally, parents are considered to be equal in their right to parent their children, so the rights of parents is not likely to be a determining factor. It is the best interests of the child that are important, and the aim of the law code in Texas (as seen in Section 153.00) is to:

(1) Verify that children will have regular and continuing contact with parents who have shown the ability to act in the best interest of the little ones;

(2) Support a safe, stable, and non-abusive home for the child; and

(3) Encourage father and mother to share in the rights and duties of raising their little ones after the parents have put their relationship on hold or dissolved their legal marriage.

If you are a mother or father who is organizing yourself for (or even contemplating) a custody battle, you would do well to think about this at all times. You will not be able to set up a solid case for custody of your children unless you can show the court how you having custody will be in their best interests.

Giving principal consideration to your child will also play a deciding role in many other key areas of your life, at least until custody has been resolved.

These areas include:

(1) Where you live. While it might be tempting to move as far away from your estranged partner as possible, this is rarely going to be in the best interests of the children.

(2) How you deal with your own emotional struggles. While you might feel that you want the presence of your little ones to help you get through the strain of the divorce, don’t forget that your children are simply not ready to deal with the range of emotions experienced by an adult, and that dumping your personal struggles on them is not simply unhelpful, but can be a form of abuse!

(3) Being careful how you speak your Ex. In the same way, parents preparing for custody hearings before the court of Texas must be mindful of the extraordinary harm that they can do through putting down their former partner in front of the children.

Such behaviour not only does injury to children and parents alike, but it may also be taken into consideration by the family law court judge, where a noticeable breakdown in self-control may be taken as an indicator of an inability to parent!

For more informat on Handling Child Custody Disputes in Houston:

http://www.texaschild-custody.com/my-custody-rights-if-i-leave-texas.php

Unfortunately the damage done by a divorce or relationship breakdown is never restricted to the man and the woman.

We all understand nowadays that while parents may be struggling enormously, their kids are probably suffering most of all, and the more the parents suffer, the greater is the pressure on their progeny.

Often overlooked in this cycle of damage though are the grandparents. They too have their bond with their grandchildren threatened by the a relationship breakdown, and in their case it can be both a practical adversity and a legal problem to maintain the relationship!

The end of the connection between dad and mum should not need to mean the ruin of the grandparent’s bond with their grandchildren. In fact, with the occasional exception of cases where the grandparent relationship is being manipulated by one of the parents for their own profit, it is always going to be in the greatest interest of the children for them to be able to continue their other significant the best relationships, like that unique relationship with grandpa and grandma.

In the USA, it is not normally a legal option for a biological or adoptive grandparent to file for custody of their grandchild, as the family court upholds that the best interest of the offspring are normally served by maximizing contact with their parents, providing that they have shown themselves able to serve the child’s best interests.

There are certainly exceptions to this rule, and in cases where there is evidence to suggest that the daughter or son is at risk of parental abuse, the grandparents can step in and file a suit, suing for custody! This is not the standard practice of course, even in disastrous situations, as regularly it is the court itself that takes the initiative in bringing in the grandparents.

Indeed, if dad amd mom fail to show themselves reliable enough to manage custody of the kids, the grandparents are generally the first persons approached by the court for custody. Otherwise, the judge has to consider other more distant relations as potential legal carers, especially where the parents of a child are dead or in jail.

These are of course the extreme options – where grandparents are either taking custody of their grandchildren or are kept out of their lives altogether! In the greater number of cases, the grandparents just have to go through similar struggles to those of the non-custodial parent – working hard to to organise access times that fit in with the new situation, while simultaneously giving first place to their grandchildren’s estranged parents!

The court can of course order that a grandparent receive reasonable possession or access to a grandchild, but they will usually leave these arrangements to be worked out privately with the parents.
Ultimately a grandparent is in an inimitable position to assist the grandchild through a problematic and difficult time and both mother and father need to take into account this.

Indeed, nan and pop should work hard during a time of family break down to make themselves available to their children and children’s little ones, while of course remaining careful to avoid taking sides and letting their frustration spill out on to any of the children!

With a bit of luck the time the little ones spend with the grandparents will be time to rest and recover from the frustrations of their lives.

For more information on Child Custody – the place of grandparents

http://[www.texaschild-custody.com]

When mum and dad decide that they can no longer choose to live together, this does not of course mean that either of them loves their children any less. In fact, marriage breakdown tends to deepen the love parents have for their children, and it brings out the protective instincts in both parents.

Because of this though, the children can also become opportune weapons, used by one partner to harm the other. The tragedy, of course, is that this tends to damage the little ones even more than the parents!

If your foremost concern is really for the well-being of your children, you must protect yourself from day one of your separation or divorce, to avoid criticizing or making condemnatory statements about your former spouse in front of your child.

Having a shot at your former partner through little payback statements that are difficult to challenge becomes painfully clear to your little one after a while, and such criticisms only serve to prolong the battle with your estranged partner.

Be the adult in the situation, so that your son or daughter, and only your son or daughter, gets to be the son or daughter.

Countless times, hurt parents surrender to the temptation to take a shot at their ex by returning kids a little later than scheduled, thus making a point of rights, or they purposefully change arrangements at the last second, just to stay ahead in the pay-back stakes.

Once you have divorced, you need to let go of the desire to punish your estranged partner for the pain you have experienced together. If something seems unwarranted, discuss this with your ex and don’t let it build up, and be sure to get rid of the, “this is so typical of you” tone, especially when in front of the children.

When your children return to the other parent, they should not have to bear the brunt of hearing about how the other dislikes their behavior, potentially destroying what should have been a rewarding time with the other parent.

Remember that while you might resent having to be involved with your former spouse for the rest of your child’s life, you are obliged to fulfill the responsibilities that have been born of that time together. Your children should not have to pay for that.

Keep in mind that a psycho-emotional level, you are both a fundamental part of your child’s identity. You strip down that identity when you put down your former partner, as you not only create conflicting loyalties within your daughter or son, but also carelessly destroy the view they have of themselves, which in younger years is inseparably linked to their understanding of their parents.

It will at all times be in the best interests of your son or daughter to have the unconditional love of both mom and dad, and the working through of a difficult custody agreement must be directed by the conscious actions of the adults involved.

Relieving your daughter or son of the stress of dislocation, and helping them to keep hold of their connection with both parents is normally the best you can do for a child. Managing your anger and moving beyond your personal exasperation with your estranged spouse can be one of the best things you can do for your little one.

For in the long run, you do want your children to learn that sometimes relationships do fail and that things do get tough, but that, in the end, they can turn out alright! This is what inner strength is all about and buiding this in your child has always got to be in your children’s best interests.

For more information on Protecting your child from the child custody fallout:

http://www.texaschild-custody.com/texas-family-law-and-shared-custody.php

Your initial thought after a marriage breakdown might be to move as far away from your ex husband or wife as possible – moving out of Texas and moving interstate – but this can cause all sort of difficulties if there are children involved: emotional, social, and also legal problems!

Keep in mind that the Texas Family Court considers the interest of the kids to be the key determining factor when determining custody, and a parent who moves away from the scene after a marital seperation is rarely seen as as acting in the best interests of the youngster.

Maintaining some degree of steadiness for your child through the turmoil of family breakdown is crucial, and you need to accept that your child’s whole concept of ‘home’ is one that was developed from within that environment you set up when you and your former partner were still part of a family unit.

for that reason you should avoid uprooting your children from the family residence if at all possible, most especially in the early months after separation.

Staying at your residence may be painful, especially if you have friends or neighbors whose very presence reminds you of the pain of your relationship breakdown, and you may yearn for the support of your home, who may live a long way away. Yet this is the home of your children home. And the ‘home’ is more than four walls and a bed. It includes friends, sporting clubs, and your child’s familiar recreational hangouts, all of which your child may depend on now more than ever!

If you are the parent you has been forced to leave the family home, this makes the concern of your address no less important, and you should weigh up very carefully about how to maintain a stable environment for your little ones when you choose where to live.

From a practical perspective, living closer to your spouse also means that a shared custody agreement is more workable.

By remaining close to your child’s friends, this also allows play-dates to resume in the familiar way, babysitting issues can be more easily managed, as can the logistics of collecting forgotten toys from your child’s other home.

If you consider the long-term, you’ll realise that living in the area means that you can better assist the other parent with school pick-up’s where one of you is unable to manage, and in a variety of other practical situations. This all means more “routine” time spent with your children that improves the situation of both parents and the little ones.

And keep in mind that these issues are not simply personal family matters. They are also legal problems, and can play a major role in determining custody cases. The family court in Texas awards custody by decisive what is in the best interests of the child, and it is hardly ever going to be in the best interest of the children if one of the parents moves interstate, most especially if they are planning on taking their little ones with them.

For more information on Custody-Rights – Should-I-Stay-in-Texas?:

http://www.texaschild-custody.com/texas-law-and-interstate-custody-disputes.php

Often when a relationship altogether dissolves, the first response of the parent vacating the family home is to relocate as far away from their estranged spouse as possible. Apart from the affects this can have on your child’s emotional equilibrium, it can also affect the mechanics of filing a suit by raising issues of court jurisdiction.

In Texas, your choice of where you choose to live is not only a personal issue between you and your daughter or son. It is also very much a legal concern. When starting a child custody dispute, you first depend on to give notice to the other parent. Before filing a child custody lawsuit in Texas you need to decree whether the suit has been filed in the right state and court. Texas has very particular laws to determine whether a custody case has been filed in the correct court.

It is important to note, however, that all states in the United States are governed by the Uniform Child Custody Jurisdiction Act (UCCJA). This is an act that determines which state can make custody outcomes. It sets out the rules that decide which state can hear a custody suit and avoids confusion, where two states could make custody verdicts involving the same child! Under this law, states must try to join forces with one another and must accept and enforce the custody orders of other states.

In the state of Texas, clashes arise when one parent does not live in Texas, or the child and other parent have moved out of Texas. Whether they have moved to another state or another country it is handled in the same way.

Generally, the problem of which state has jurisdiction is resolved by where the child (on the date of the commencement of the proceeding) is residing, regardless of whether the family members may have subsequently moved. This includes situations where the child no longer lives in the state but the parents do.

Things are not always this simple however. In some suits, the court of the state where the child resides may refuse to exercise their right of jurisdiction if it is deemed that another state is a more appropriate environment.

Again, this reflects the best interest of the children, because often a child and their parent has a meaningful connection with a particular state, other than their mere physical presence, or were there is a substantial amount of relevant evidence available in a particular state – evidence regarding the child’s care, protection, training and personal associations.

In other instances, the parent may have already been handed the citation of the previous state and agreed to it prior to moving interstate, allowing the original county to exercise it’s jurisdiction over them.

Technically, jurisdiction of a child custody suit can be fixed in Texas even if a party has never set up house in Texas! A party can be subject to a state’s jurisdiction if they had merely engaged in sex in that state, and the child was conceived as a result of that action!

Where one parent does move to in another state, the court can order them to appear before the court in person. This can be with or without the little one. When the parent in this state has physical custody of the child, the court can command them to appear in person with the child.

The parent issuing the citation needs to be aware that if a non-resident-of-the-state parent is obliged to be present at a child custody hearing, the court may force the other parent to cover travel and accommodation expenses. The child however need not be there.

Once it is decided upon that jurisdiction is suitable in Texas, when a party or the child resides out of state, then the proper county for the case is determined by the general venue provisions, as previously set out above, concerning where most of the information concerning the dispute exists.

Beyond that, where a court in Texas has already made a child custody ruling, it has total continuing jurisdiction over that result unless or until it is worked out that the son or daughter or parent’s significant connection with that state no longer exists and that substantial evidence concerning the child’s care, protection and training now exists in another state.

For more information on Dallas Law and Interstate Child Custody Cases:

http://www.custodyrights.org

When preparing for a custody battle in Texas, parents need to be thinking first and foremost about what is in the best interests of the child, for this is what the family court will be focusing on.

Mum and dad do have certain rights under Texas law, but it is the needs and rights of the little ones that are of supreme importance in custody disputes, and these will be the main factors upon which the family law court judge will attempt to base the decision.

As evidenced in section 153.002 of the Texas Family Code, normally, parents are considered to be equal in their right to parent their child, so the rights of parents is not likely to be significant. It is the best interests of the progeny that are important, and the aim of the Texas Family Code (as seen in Section 153.00) is to:

(1) Guarantee that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the children;

(2) Furnish a safe, stable, and non-abusive home for the child; and

(3) Encourage mum and dad to share in the rights and responsibilities of raising their children after the parents have moved apart or dissolved their marriage.

If you are a parent who is organizing yourself for (or even contemplating) a custody action, you would do well to think about this at all times. You will not be able to sort out a solid case for custody of your little ones unless you can demonstrate how you having custody will be in their best interests.

Giving prime consideration to your child will also play a determining role in many other crucial areas of your life, at least until custody has been worked through.

These areas include:

(1) Where you set up house. While it might be tempting to move as far away from your former spouse as possible, this is rarely going to be in the best interests of the children.

(2) How you deal with your own personal struggles. While you might feel that you need the presence of your little ones to help you get through the damage of the family breakdown, keep in mind that your children are simply not mature enough to deal with the range of emotions experienced by an adult, and that unloading your personal troubles on them is not simply unhelpful, but can be a form of abuse!

(3) Being careful what you say about your Ex. In the same way, mom and dad getting ready for custody battles before the court of Texas must be mindful of the extraordinary injury that they can do through bad-mouthing their former partner in front of the children.

Such behaviour not only does harm to little ones and parents alike, but it may also be considered by the judge, where a noticeable lapse in self-control may be taken as an indicator of an inability to fulfill the proper role of mother or father!

For more informat on Child Custody in Dallas:

http://www.texaschild-custody.com/texas-child-custody-law—an-introduction.php

When organizing yourself for a custody battle in Texas, mom and dad need to be thinking fundamentally about what is in the best interests of the child, for this is what the family law court will be focusing on.

Both parents do have rights under Texas law, but it is the needs and rights of the little ones that are of supreme importance in custody disputes, and these will be the significant factors upon which the family court will attempt to base the decision.

As written in section 153.002 of the Texas Family Code, customarily, parents are considered to be equal in their right to parent their child, so the rights of parents is not likely to be a determining factor. It is the best interests of the little ones that are important, and the aim of the Texas Family Code (as seen in Section 153.00) is to:

(1) Verify that children will have repeated and continuing contact with parents who have shown the ability to act in the best interest of the little ones;

(2) Present a safe, stable, and nurturing home environment for the children; and

(3) Encourage parents to share in the rights and duties of raising their children after the parents have put their relationship on hold or dissolved their relationship.

If you are a parent who is getting ready for (or even contemplating) a custody action, you would do well to keep this in mind at all times. You will not be able to establish a solid case for custody of your child unless you can illustrate how you having custody will be in their best interests.

Giving primary consideration to your little ones will also play a determining role in many other basic areas of your life, at least until custody has been established.

These areas include:

(1) Where you reside. While it might be tempting to move as far away from your former spouse as possible, this is hardly ever going to be in the best interests of the child.

(2) How you deal with your own emotions. While you might feel that you require the presence of your children to help you get through the ordeal of the marital breakdown, remember that your children are simply not mature enough to deal with the range of emotions experienced by their parents, and that dumping your personal problems on them is not simply unhelpful, but can be a form of abuse!

(3) Being careful how you refer your Ex. Similarly, father and mother preparing for custody cases before the court of Texas must be mindful of the extraordinary destruction that they can do through speaking ill of their former partner in front of the children.

Such behaviour not only does loss to little ones and parents alike, but it may also be considered by the judge, where a noticeable breakdown in self-control may be taken as an indicator of an inability to function properly as a parent!

For more informat on Houston Child Custody Laws:

http://www.texaschild-custody.com/texas-child-custody-law—an-introduction.php

Your most likely thought after a relationship breakdown might be to move as far away from your ex as possible – getting out of Texas and moving interstate – but this can cause all sort of problems if there are children involved: emotional, social, and also legal problems!

Remember that the Texas Family Court considers the interest of the youngster to be the key determining factor when determining custody, and a parent who removes themselves from the scene after a divorce is rarely regarded as acting in the best interests of the youth.

Sustaining some degree of constancy for your child through the turmoil of family breakdown is important, and you need to realize that your child’s whole conception of ‘home’ is one that was developed from within that environment you produced when you and your former partner were still part of a family unit.

For this reason you should avoid displacing your children from the family home if at all possible, especially in the early months after separation.

Remaining at your residence may be painful, particularly if you have friends or neighbors whose very presence reminds you of the pain of your relationship failure, and you may need the support of your family, who may live a long way away. Yet this is the home of your little one home. And the ‘home’ is more than four walls and a bed. It encompasses friends, sporting clubs, and your child’s well-known recreational hangouts, all of which your child may need now more than ever!

If you are the parent you has been forced to leave the family home, this makes the question of place of residency no less important, and you should consider very carefully about how to maintain a harmonious environment for your child when you choose where to live.

From a practical point of view, living closer to your spouse also means that a shared custody alternative is more feasible.

By staying close to your child’s buddies, this also allows play-dates to resume in the familiar way, babysitting arrangements can be more easily administered, as can the logistics of collecting forgotten clothes and toys from your child’s other home.

If you consider the long-term, you’ll realise that living close by means that you can better support the other parent with school pick-up’s where one of you is delayed, and in a variety of other practical circumstances. This all means more “regular” time spent with your children that improves the standing of both parents and the little ones.

And do not forget that these issues are not solely personal family matters. They are also legal issues, and can play a crucial role in resolving custody cases. The family court in Texas awards custody by deciding what is in the best interests of the children, and it is rarely going to be in the best interest of the child if one of the parents relocates interstate, most especially if they are planning on taking their little ones with them.

For more information on Moving interstate and Child Custody:

http://www.texaschild-custody.com