Today’s Articles January 24, 2012

January 24th, 2012
  • Custody cases and the situation for Grandparents
    Unfortunately the destruction wrought by the dissolution of a marriage is never restricted to just two adults.

    We all comprehend nowadays that while husband and wife may be distressed enormously, their kids are probably struggling most of all, and the more the parents hurt, the greater is the pressure on their kids.

    Often passed over in this cycle of destruction though are the grandparents. They too have their relationship with their grandchildren threatened by the the breakdown of a marriage, and in their case it can be both a practical difficulty and a legal problem to maintain the connection!

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

    In most courts, it is not normally a legal choice for a biological or adoptive grandparent to file for custody of their grandchild, as family law upholds that the best interest of the little ones are normally served by maximizing contact with their parents, providing that they have shown themselves keen to serve the child’s best interests.

    There are naturally exceptions to this rule, and in cases where there is an indicator to suggest that the children is at risk of some form of abuse, the grandparents can take initiative and file a suit, suing for custody! This is not the normal course of action of course, even in horrible situations, as regularly it is the court itself that takes the initiative in bringing in the grandparents.

    Indeed, if dad and mum fail to show themselves dependable enough to manage custody of the children, the grandparents are generally the primary persons approached by the court for custody. Otherwise, the judge has to take into account other more distant relatives as potential legal custodians, 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 debarred of their lives altogether! In the majority of cases, the grandparents just have to go through similar work to those of the non-custodial parent – battling 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 obtain reasonable possession or access to a grandchild, but they will normally leave these arrangements to be worked out privately with the parents.
    At the end of the day a grandparent is in an exclusive position to assist the grandchild through a difficult time and mum and dad need to recognise this.

    Indeed, the grandparents should work hard during a time of family break up to make themselves obtainable to their children and children’s kids, while of course remaining careful to avoid taking sides and letting their aggravation overflow on to any of the little ones!

    Hopefully the time the children spend with grandpa and grandma will be time to rest and recover from the complications of their lives.

    For more information on Custody Rulings and the rights of grandparents

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

  • My Child Custody Rights if I move interstate
    Your first thought after a relationship breakdown might be to move as far away from your former spouse as possible – moving out of Texas and moving interstate – but this can cause all sort of complications if there is a son or daughter involved: emotional, social, and also legal problems!

    Do not forget that the Texas Family Court considers the interest of the youngster to be the crucial determining factor when determining custody, and a parent who removes themselves from the scene after a divorce or relationship breakdown is rarely identified as acting in the best interests of the kids.

    Retaining some degree of permanence for your little ones through the turmoil of family breakdown is very important, and you need to know that your child’s whole perception of ‘home’ is one that was developed from within that environment you established when you and your former partner were still together.

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

    Remaining 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 failure, and you may yearn for the support of your family, 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 also consists of friends, sporting clubs, and your child’s familiar recreational hangouts, all of which your child may want now more than ever!

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

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

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

    If you give thought to the long-term, you’ll realise that living in the area means that you can better help the other parent with school pick-up’s where one of you is held up, and in a variety of other practical matters. This all means more “normal” time spent with your child that improves the position of both parents and the children.

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

    For more information on Moving interstate and Child Custody:

    http://www.custodyrights.org

Today’s Articles January 18, 2012

January 18th, 2012
  • Methods in which the legal system decides Child Custody
    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 competence to pay, custody arrangements and the child support guidelines.

    The Criminal Code makes it an offence to kidnap 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 announces otherwise.

    During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to ascertain.  The Court system must look to the following factors in every child custody decision under the law regarding the best interest of the child. The court reserves the power to make alterations to 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 settle whether the child custody and support determination should be modified.  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 income 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 children.  Some states, such as Arizona, have fathers rights groups solely dedicated to helping fathers obtain custody of their children (arizonafathersrights.com for example).  

    Custody means that a father or mother has lawful custodial rights and responsibilities toward the child.   Joint child custody means that both parents have the legal 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 establish that a presumption of joint custody is in the greatest 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 resides 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 battle, there are rarely winners, frequently everyone is a loser, and the biggest losers are often the children.

    For more advice on Child Custody Law, visit us at http://www.custodyrights.org/child-custody-laws.php

  • My Child Custody Rights if I move interstate
    Your initial thought after a long-term relationship breakdown might be to move as far away from your ex as possible – moving away from Texas and moving interstate – but this can cause all sort of problems if there is a son or daughter involved: emotional, social, and also legal problems!

    Do not forget that the Texas Family Court considers the interest of the children to be the significant determining factor when determining custody, and a parent who removes themselves from the scene after a relationship breakdown is rarely regarded as acting in the best interests of the little ones.

    Preserving some degree of permanence for your children through the upheaval of family breakdown is important, and you need to recognise that your child’s whole notion of ‘home’ is one that was developed from within that environment you set up when you and your former partner were still together.

    consequently you should avoid relocating your children from the family home if at all possible, most especially in the early months after separation.

    Continuing at your residence may be undesirable, particularly if you have friends or neighbors whose very presence reminds you of the pain of your relationship failure, and you may require the support of your family, 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 familiar 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 concern of your address 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 joint custody option is more workable.

    By staying close to your child’s familiar companions, this also allows play-dates to resume in the familiar way, babysitting arrangements can be more easily overseen, 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 near 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 matters. This all means more “regular” time spent with your little ones that improves the standing of both parents and the children.

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

    For more information on Moving interstate and Child Custody:

    http://www.custodyrights.org

Today’s Articles January 10, 2012

January 10th, 2012
  • Dallas Child Custody Laws
    When preparing for a custody suit in Texas, both parents need to be thinking primarily about what is in the best interests of the child, for this is what the family law court will be focusing on.

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

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

    (1) Guarantee 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) Supply a safe, stable, and nurturing environment for the child; and

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

    If you are a mother or father who is getting ready for (or even thinking about) a custody action, you would do well to keep this in mind at all times. You will not be able to arrange 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 primary consideration to your little ones will also play a resolving role in many other key areas of your life, at least until custody has been determined.

    These areas include:

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

    (2) How you deal with your own anxiety. While you might feel that you feel a need for the presence of your little ones to help you get through the damage of the divorce, don’t forget that your children are simply not able to deal with the range of emotions experienced by their parents, and that dumping your personal difficulties on them is not simply unhelpful, but can be a form of abuse!

    (3) Considering how you refer your former partner. Similarly, mom and dad organizing yourself for custody disputes before the court of Texas must be mindful of the extraordinary hurt that they can do through speaking badly of their Ex in front of the children.

    Such behaviour not only does loss to child and parents alike, but it may also be considered by the judge, where a noticeable failure 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 Houston Child Custody Laws:

    http://www.custodyrights.org

  • Getting through your Custody Battle
    Custody battles destroy people.

    Those who have been through a undesirable custody dispute understand why these struggles are associated with prohibitively high rates of both suicide and murder.

    Family court judges frequently live in fear of their resides, as fed up parents often blame them for tearing their family and friends apart. More often though, a bad custody battle leads to self-harm, particularly in the case of men, who tend to be the ones who often feel unfairly victimized by the family family law court judge system.

    The best fix for this personal struggles, of course, is to shun going to court entirely. Try hard to reach a satisfactory arrangement with your ex, without bringing in court intermediaries.

    Either way though, while your major priority needs to be discovering 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 arrangements without passing that stress levels on to your little ones.

    Avoid allowing your child to take part in any of your emotional struggles that are connected with your separation. This is especially damaging where a child is allowed to feel responsible for the family breakdown, or when one parent often plays the role of the “victim”, leaving the son or daughter feeling that they need to do something to remedy the situation!

    Be mindful that your children loves you both, and it is not their fault that your connection did not last. They did not cause your marriage breakdown and they cannot cure it.

    You must assume the responsibility for this yourself, and if you need support (as we all do) you need to get it from other adults – siblings, parents or friends – 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 dad and mom are both trying hard to agree on an arrangement that is foremost for them (the child) and leave it at that.
    If your child won’t let up on the questioning, it can be very difficult to avoid going into details, but you must do your best to avoid sharing bitterness and frustration with your children, as you do not want your heartache to become their pain.

    A qualified family counsellor can be an indispensable asset in these situations, for both parents and son or daughter. In some circumstances, it may even be possible (and very useful) for a skilled counsellor to mediate discussion between a child and both estranged parents. Do not try to do this though without assistance. The dynamics of such an encounter can be very tough to control, and the potential negative consequences are far too serious if things go awry.

    Child custody cases are difficult for everybody – children, parents and society at large – and there is only ever one solid ground 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 working towards the best interests of your children, be assured that it will never be in their best interests to enmesh them in the anguish of the custody battle.

    For more information on Enduring your Custody Case:

    http://www.texaschild-custody.com

Today’s Articles January 3, 2012

January 3rd, 2012
  • Methods in which the Court system regulates Child Custody
    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 ability 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 sets 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 announces otherwise.

    During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to clarify.  The Court must contemplate the following factors in every child custody decision under the law regarding the best interest of the child. The court holds the power to make changes to 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 ascertain whether the child custody and support determination should be changed.  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 average income parents to spend $60,000 on a divorce and child custody battle. Traditionally, divorce in North America 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 kids.  Some states, for example Arizona, have fathers rights groups solely dedicated to helping fathers obtain custody of their children (arizonafathersrights.com for example).  

    Custody means that a parent has court 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 grants both parents to have a say in the child’s upbringing.

    There is no evidence to assistance that a presumption of joint custody is in the greatest 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 legal 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-laws.php

  • Shared Custody Arrangements
    The family law court always favors custody results that are in the “best interests of the child” and as such can dictate the rights and responsibilities of parents where shared custody (technically referred to as ‘joint conservatorship’) has been granted.

    Shared Custody is a complex balance to achieve, but if you want to avoid interference from the courts and make your custody arrangement work for the best interests of your youngster, plenty of planning will be necessary to determine how to make the changeover between the two homes as smooth as is feasible.

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

    As a result, children can become very astute at pleasing or even manipulating states of affairs between the homes for their own advantage in situations where parents are still emotionally susceptible. This is not because children are basically wicked but is simply a survival strategy. A child wants consistency of rules and schedules between homes, for both peace-of-mind and for their healthy emotional and physical development.

    Developing this consistency may require recurring phone calls and meetings between parents to agree on the needs of the child and the working out of a plan together, so that there are clear expectations and little room for emotional manipulation. Make sure, as far as is possible, that both homes are in agreement on rules regarding bedtimes, tv viewing, internet use and going out with friends.

    As your child grows, these rules will, of course, need to be revisited together and changes implemented co-operatively. In truth, parents who enlist a joint custody arrangement because they are genuinely looking to the best interests of the child need to put in the time necessary to make it work. They also need to be ready to change the agreement should the needs of the child change.

    When a child makes a decision that he or she would now like to spend added 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 child from this guilt by making it explicit that the arrangements have been set up to serve their best interests and not your own, and that you are therefore always open to modify them.

    Research still suggests that most children are more settled in one household. Parents often see joint custody as an arrangement that satisfies their ‘rights’, but the risk 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 arrangment, a willingness to be adaptable 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/texas-family-law-and-shared-custody.php

Today’s Articles December 27, 2011

December 27th, 2011
  • Family Law in Texas and Interstate Custody Cases
    Often when a relationship altogether dissolves, the next response of the parent leaving the family home is to move as far away from their former partner as possible. Apart from the affects this can have on your child’s emotional well-being, it can also affect the processes of filing a suit by raising question of court jurisdiction.

    In Texas, your choice of where you continue living is not only a private issue between you and your youth. It is also very much a legal question. When beginning a child custody case, you first want to give notice to the other parent. Before filing a child custody lawsuit in Texas you need to determine whether the suit has been filed in the correct state and court. Texas has very explicit laws to determine whether a custody suit has been filed in the correct court.

    It is worth keeping in mind, however, that all states in the United States are governed by the Uniform Child Custody Jurisdiction Act (UCCJA). This is a ruling that determines which state can make custody pronouncements. It sets out the rules that establish which state can hear a custody dispute and avoids confusion, where two states could make custody resolutions involving the same child! Under this law, states must try to liaise with one another and must affirm and enforce the custody orders of other states.

    In the state of Texas, differences 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 managed in the same way.

    Ordinarily, the issue of which state has jurisdiction is resolved 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 resides in the state but the parents do.

    Things are not always this simple however. In some battles, 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 setting.

    Again, this reflects the best interest of the youngster, 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 sizable amount of relevant evidence available in a particular state – evidence regarding the child’s care, protection, training and personal relationships.

    In other situations, the parent may have already been served the citation of the previous state and agreed to it prior to relocating 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 resided in Texas! A party can be accountable 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 act!

    Where one parent does carry on in another state, the court can order them to appear before the court in person. This can be with or without the child. In cases where the parent in this state has legal custody of the child, the court can command them to appear in person with the child.

    The parent initiating 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 insist that the other parent to cover travel and accommodation expenses. The child however need not be there.

    Once it is worked through that jurisdiction is appropriate in Texas, when a party or the child is located out of state, then the proper county for the dispute is determined by the general venue conditions, 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 ruling, it has exclusive continuing jurisdiction over that result unless or until it is determined that the young person or parent’s significant connection with that state no longer exists and that substantial evidence concerning the child’s care, protection and training now can be found in another state.

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

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

  • Surviving your Custody Case
    Custody disputes kill people.

    Those who have been through a uncomfortable custody battle appreciate why these battles are associated with high rates of both suicide and murder.

    Family court judges often live in fear of their lives, as frustrated parents regularly blame them for tearing their next of kin apart. More often though, a bad custody dispute leads to self-harm, particularly in the case of men, who tend to be the ones who often feel victimised by the family court system.

    The best remedy for this anxiety, of course, is to steer clear of going to court completely. Do your best to reach a suitable arrangement with your estranged spouse, without bringing in court intermediaries.

    Either way though, while your leading priority needs to be finding a custody arrangement that is in the best interests of your child, your number two priority must be to cope with the pressure of the custody arrangements without passing that strain on to your son or daughter.

    Avoid allowing your little ones to partake in any of your emotional efforts that are connected with your failed relationship. This is especially damaging where a child is allowed to feel responsible for the failed marriage, or when one parent often plays the role of the “victim”, leaving the children feeling that they need to do something to cure the situation!

    Be mindful that your child loves you both, and it is not their fault that your connection 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 establish (as we all do) you need to get it from peers – siblings, parents or friends – and not from your children.

    The straightforward rule is this: do not talk to your little ones about your child custody case. If they ask you how it is going, assure them that both mom and dad are both doing their best to agree on an arrangement that is highest for them (the child) and leave it there.
    If your child won’t let up on the questioning, it can be very difficult to avoid going into details, but you must work hard to avoid sharing anger and frustration with your son or daughter, as you do not want your pain to become their anguish.

    A qualified family counsellor can be an invaluable asset in these circumstances, for both parents and son or daughter. In some situations, it may even be possible (and very worthwhile) for a professional counsellor to facilitate discussion between a child and both parents. Do not try to do this though without help. The dynamics of such an encounter can be very hard to control, and the potential negative consequences are far too serious if things go awry.

    Custody rights cases are painful for everybody – children, parents and the public at large – and there is only ever one proper rationale for entering into a custody battle in the first place: you are concerned for best interests of your little ones. If then you really are looking for the best interests of your child, be assured that it will never be in their best interests to entangle them in the heartache of the custody battle.

    For more information on Making it through your Custody Dispute:

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

Today’s Articles December 20, 2011

December 20th, 2011
  • Ways in which the Court system decides Child Custody
    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 capacity to pay, custody arrangements and the child support guidelines.

    The Criminal Code makes it an offence to kidnap 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 decide.  The Court must contemplate the following factors in every child custody decision under the law regarding the best interest of the child. The court retains the power to alter 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 affect 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 sufficient to guarantee a custody award.

    It is not that unusual for middle income 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 children.  Some states, such as 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 court custodial rights and responsibilities toward the child.   Joint child custody means that both parents have the legal custodial rights and responsibilities toward a child.  Joint custody grants both parents to have a say in the child’s upbringing.

    There is no evidence to help 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 lawful 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 battle, there are rarely winners, frequently everyone is a loser, and the biggest losers are often the children.

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

  • Custody Decisions and the difficulties for grandparents
    Unfortunately the pain caused by the failure of a marriage is never restricted to the two parents.

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

    Often passed over in this cycle of injure though are the grandparents. They too have their connection with their grandchildren threatened by the the breakdown of a marriage, and in their case it can be both a practical impediment and a legal strain to maintain the bond!

    The end of the relationship between mom and dad should not need to mean the demise of the grandparent’s bond with their grandchildren. In fact, with the rare exception of cases where the grandparent relationship is being manipulated by one of the parents for their own advantage, it is always going to be in the greatest interest of the kids for them to be able to continue their other significant marriages, like that unique relationship with nan and pop.

    as elsewhere in the US, it is not normally a legal alternative for a biological or adoptive grandparent to file for custody of their grandchild, as family courts upholds that the best interest of the children 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 indeed exceptions to this rule, and in cases where there is evidence to suggest that the children is at risk of parental abuse, the grandparents can take the initiative and file a suit, suing for custody! This is not the norm of course, even in drastic situations, as regularly it is the court itself that takes the initiative in bringing in the grandparents.

    Indeed, if dad and mum fail to show themselves trustworthy enough to manage custody of the kids, the grandparents are generally the most likely persons approached by the court for custody. Otherwise, the judge has to look to other more distant relatives as potential legal custodians, 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 debarred of their lives altogether! In the majority of cases, the grandparents rather have to go through similar difficulties to those of the non-custodial parent – battling to organise access times that fit in with the new family schedule, while simultaneously giving preference to their grandchildren’s estranged parents!

    The family law court judge can of course order that a grandparent be given reasonable possession or access to a grandchild, but they will generally leave these arrangements to be worked out privately with the parents.
    At the end of the day a grandparent is in a one-of-a-kind position to assist the grandchild through a arduous time and dad and mom need to appreciate this.

    Indeed, grandpa and grandma should work hard during a time of family break up to make themselves obtainable to their children and children’s children, while of course remaining careful to steer clear of taking sides and letting their aggravation overflow on to any of the little ones!

    With any luck the time the kids spend with grandma and grandpa will be time to rest and recover from the struggles of their lives.

    For more information on Child Custody Rulings – what happens to Nanna and Pop

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

Today’s Articles December 13, 2011

December 13th, 2011
  • Shared Custody Arrangements
    The family law court always favors custody decisions that are in the “best interests of the child” and as such can spell out the rights and duties of parents where shared custody (technically referred to as ‘joint conservatorship’) has been granted.

    Shared Custody is a complex balance to get right, but if you want to avoid interference from the courts and make your custody arrangement work for the best interests of your son or daughter, plenty of planning will be necessary to determine how to make the move between the two homes as smooth as is feasible.

    An example of a good method in a joint conservatorship is to set up a jointly agreed upon system of house rules in both family homes. Often parents are tempted to instantaneously change rules that were a source of frustration during the marriage or that remind them of their estranged partner. Such inconsistencies though can be upsetting for the child, and even push them to accommodate their behaviour between homes.

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

    Developing this consistency may require routine phone calls and meetings between parents to establish the needs of the child and the working out of a plan together, so that there are clear expectations and little room for emotional manipulation. Ensure, as far as is possible, that both homes are in agreement on rules regarding bedtimes, tv viewing, internet use and going out with buddies.

    As your child grows, these rules will, of course, need to be revisited together and alterations implemented co-operatively. In truth, parents who go into a joint custody arrangement because they are truly looking to the best interests of the child need to put in the stage in your life that you spent necessary to make it work. They also need to be happy to change the agreement should the needs of the child change.

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

    Study in this area still suggests that most children are more settled in one permanent residence. Parents often see joint custody as an agreement that satisfies their ‘rights’, but the danger is that the child’s needs will be lost sight of in the process. Shared Custody is workable, and it can work splendidly, but, as in any custody arrangment, a willingness to be flexible and to put the child first are the central keys to success.

    For more information on Making shared custody work:

    http://www.custodyrights.org

  • How the legal system settles Child Custody
    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 capacity to pay, custody arrangements and the child support guidelines.

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

    During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to clarify.  The Court system must take into account the following factors in every child custody decision under the law regarding the best interest of the child. The court retains the power to change 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 see evidence to establish whether the child custody and support determination should be altered.  The fact that one parent has been the child’s primary carer is often considered but is not ample to guarantee a custody award.

    It is not that unusual for middle class parents to spend $60,000 on a divorce and child custody dispute. Traditionally, divorce in North America 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 children.  Some states, like Arizona, have fathers rights groups specifically dedicated to helping fathers obtain custody of their children (arizonafathersrights.com for example).  

    Custody means that a parent has court custodial rights and responsibilities toward the child.   Joint child custody means that both parents have the legal 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 most helpful 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 safety from time to time.  In fact, there may be lawful 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 legal 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

Today’s Articles December 6, 2011

December 6th, 2011
  • Shared custody – working together
    The family law court always favors custody rulings that are in the “best interests of the child” and as such can dictate the rights and obligations of parents where shared custody (technically referred to as ‘joint conservatorship’) has been granted.

    Shared Custody is a delicate balance to get right, but if you want to avoid involvement from the courts and make your custody arrangement work for the best interests of your little one, plenty of planning will be necessary to determine how to make the changeover between the two homes as smooth as is feasible.

    An example of a good method in a joint conservatorship is to set up a standardized system of house rules in both houses. Often parents are tempted to instantaneously change rules that were a source of aggravation during the marriage or that remind them of their ex. Such inconsistencies though can be disruptive for the child, and even push them to adjust their behaviour between homes.

    As a result, children can become very shrewd at pleasing or even manipulating circumstances between the homes for their own advantage in situations where parents are still emotionally vulnerable. This is not because children are essentially wicked but is simply a survival strategy. A child wants consistency of rules and schedules between homes, for both personal peace and for their healthy emotional and physical development.

    Creating this consistency may require routine phone calls and meetings between parents to establish the needs of the child and the working out of a calendar together, so that there are clear 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 mates.

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

    When a child chooses that he or she would now like to spend further 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 daughter or son from this guilt by making it obvious 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 permanent residence. Parents often see joint custody as an arrangement that satisfies their ‘rights’, but the problem is that the child’s needs will be forgotten in the process. Shared Custody is achievable, and it can work splendidly, but, as in any custody deal, a willingness to be amenable and to put the child first are the keys to success.

    For more information on Making shared custody work:

    http://www.texaschild-custody.com

  • In most states, a court’s decision about child custody during a divorce used to be simple to make.
    In most states, a court’s decision about child custody during a family breakdown 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 find out which parent is the proper 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 most helpful 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 capacity 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 advance the child’s continued contact and relationship with the other parent. The importance of considering domestic violence is clear. If a child is awarded to a violent parent, the safety of that child might be compromised. But most people are not attentive of and do not grasp why factor #2 is so important: the parent most likely to uphold the child’s continued contact and relationship with the other parent. And because there is so little understanding of this factor, it presents both a great opportunity and great danger 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 many 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 major children’s issues.If you are contemplating 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.

Today’s Articles November 29, 2011

November 29th, 2011
  • Making shared custody work
    The family court always favors custody rulings that are in the “best interests of the child” and as such can dictate the rights and obligations of parents where shared custody (technically referred to as ‘joint conservatorship’) has been granted.

    Shared Custody is a tricky balance to get right, but if you want to avoid involvement from the courts and make your custody arrangement work for the best interests of your child, plenty of planning will be necessary to determine how to make the transition between the two homes as smooth as is achievable.

    An example of a good practice in a joint conservatorship is to set up a jointly agreed upon system of house rules in both family homes. Often parents are tempted to instantly change rules that were a source of weariness during the marriage or that remind them of their former partner. Such incongruities though can be upsetting for the child, and even push them to adjust their behaviour between homes.

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

    Creating this consistency may require routine phone calls and meetings between parents to determine the needs of the child and the working out of a plan together, so that there are obvious expectations and little room for emotional game playing. Make sure, as far as is possible, that both homes are in agreement on rules regarding bedtimes, tv viewing, internet use and going out with buddies.

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

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

    Study in this area still suggests that most children are more settled in one household. Parents often see joint custody as an arrangement that satisfies their ‘rights’, but the hazard is that the child’s needs will be lost sight of in the process. Shared Custody is workable, and it can work marvelously, but, as in any custody contract, a willingness to be amenable and to put the child first are the crucial elements to success.

    For more information on Shared Custody Arrangements:

    http://www.custodyrights.org

  • Handling Child Custody Disputes in Houston
    When preparing for a custody battle in Texas, parents need to be thinking primarily about what is in the best interests of the child, for this is what the family law court judge will be focusing on.

    Mum and dad do have entitlements under Texas law, but it is the needs and rights of the children that are of paramount importance in custody cases, and these will be the significant 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, generally, parents are considered to be equal in their entitlement to parent their child, so the rights of parents is not likely to be considered. It is the best interests of the child that are important, and the aim of Texas law (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 little ones;

    (2) Provide a safe, stable, and nurturing home for the little ones; and

    (3) Encourage both parents to share in the rights and duties of raising their child after the parents have become estranged or dissolved their partnership.

    If you are a parent who is getting ready for (or even considering) a custody suit, 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 children unless you can show how you having custody will be in their best interests.

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

    These areas include:

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

    (2) How you deal with your own stress. While you might feel that you need the presence of your children to help you get through the strain of the divorce, keep in mind that your children are simply not equipped to deal with the range of emotions experienced by their parents, and that dumping your personal struggles on them is not simply unhelpful, but can be a form of abuse!

    (3) Considering what you say about your Ex. In the same way, parents organizing yourself for custody suits before the court of Texas must be mindful of the extraordinary injure that they can do through speaking badly of 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 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 Handling Child Custody Disputes in Dallas:

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

Today’s Articles November 22, 2011

November 22nd, 2011
  • Ways in which the Court regulates Child Custody
    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 kidnap 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 single mother has a child, the mother has legal custody of that child until a court announces otherwise.

    During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to ascertain.  The Court 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 make alterations to 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 settle whether the child custody and support determination should be amended.  The fact that one parent has been the child’s primary caretaker is often considered but is not ample to guarantee a custody award.

    It is not that unusual for middle income parents to spend $60,000 on a divorce and child custody dispute. Traditionally, divorce in North America 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 children.  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 father or mother 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 assistance that a presumption of joint custody is in the most helpful 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 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

  • Child Custody and the rights of grandparents
    Unfortunately the destruction wrought by the dissolution of a marriage is never restricted to the two parents.

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

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

    The end of the connection between mother and father should not need to mean the finish of the grandparent’s connection with their grandchildren. In fact, with the singular exception of cases where the grandparent relationship is being exploited by one of the parents for their own benefit, it is always going to be in the good interest of the little ones for them to be able to continue their other significant associations, like that unique relationship with grandpa and grandma.

    In Texas, it is not normally a legal choice for a biological or adoptive grandparent to file for custody of their grandchild, as the family court upholds that the best interest of the kids 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 little ones is at risk of abuse, the grandparents can step forward and file a suit, suing for custody! This is not the normal course of action of course, even in drastic situations, as regularly it is the court itself that takes the initiative in bringing in the grandparents.

    Indeed, if dad and mom fail to show themselves responsible enough to manage custody of the kids, the grandparents are generally the most likely persons approached by the court for custody. Otherwise, the court has to take into account other 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 shut out of their lives altogether! In the vast majority of cases, the grandparents just have to go through similar difficulties to those of the non-custodial parent – doing their best to organise access times that fit in with the new situation, while also giving preference to their grandchildren’s alienated parents!

    The judge can of course order that a grandparent receive reasonable possession or access to a grandchild, but they will in general leave these arrangements to be worked out privately with the parents.
    At the end of the day a grandparent is in a one-of-a-kind position to assist the grandchild through a tricky time and both mother and father need to comprehend this.

    Indeed, nan and pop should work hard during a time of family break up to make themselves obtainable to their children and children’s little ones, while of course remaining careful to escape taking sides and letting their disappointment overflow on to any of the children!

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

    For more information on Kids and Custody and where it leaves Grandma and Grandpa

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