Texas Child Custody

Custody struggles destroy people.

Those who have been through a difficult custody action understand why these confrontations are associated with very high rates of both suicide and homicide.

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

The best cure for this anxiety, of course, is to stay away from going to court completely. Try your hardest to reach an agreeable arrangement with your former partner, without bringing in legal intermediaries.

Either way though, while your highest priority needs to be discovering a custody arrangement that is in the best interests of your little one, your number two priority must be to cope with the pressure of the custody preparations without passing that trauma on to your child.

Avoid allowing your daughter or son to take part 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 little ones feeling that they need to do something to remedy the situation!

Remember that your children loves you both, and it is not their fault that your connection did not work. They did not cause your marriage breakdown and they cannot fix 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 familiar companions – and not from your child.

The uncomplicated rule is this: do not dialogue with your son or daughter about your child custody case. If they ask you how it is progressing, assure them that both mum and dad are both working hard to agree on an arrangement that is greatest 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 hurt and bitterness with your children, as you do not want your agony to become their pain.

A trained family counsellor can be an invaluable asset in these conditions, for both parents and child. In some situations, it may even be possible (and very useful) for an experienced counsellor to arbitrate discussion between a child and both parents. Do not attempt this though without help. The dynamics of such a dialogue can be very challenging to control, and the potential negative consequences are far too serious if things go awry.

Custody law cases are painful for everybody – children, parents and the public at large – and there is only ever one good reason for entering into a custody case in the first place: you are anxious for best interests of your little ones. If then you really are striving for the best interests of your son or daughter, be assured that it will never be in their best interests to involve them in the anguish of the custody battle.

For more information on Getting through your Custody Dispute:

http://www.custodyrights.org

The family court always favors custody verdicts that are in the “best interests of the child” and as such can mandate the rights and responsibilities 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 interference from the courts and make your custody agreement work for the best interests of your children, plenty of consideration will be necessary to determine how to make the transition between the two homes as smooth as is workable.

An example of a good practice in a joint conservatorship is to set up a jointly agreed upon system of house rules in both houses. Often parents are tempted to instantaneously change rules that were a source of dissatisfaction during the marriage or that remind them of their ex. Such inbalances though can be unsettling for the child, and even push them to accommodate their behaviour between homes.

As a result, children can become very accomplished at pleasing or even manipulating situations between the homes for their own profit in situations where parents are still emotionally vulnerable. This is not because children are basically naughty 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.

Preparing this consistency may require frequent phone calls and meetings between parents to discuss the needs of the child and the working out of a calendar together, so that there are explicit expectations and little room for emotional tricks. 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 reviewed together and alterations implemented co-operatively. In truth, parents who enlist a joint custody arrangement because they are openly 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 deal should the needs of the child change.

When a child resolves that he or she would now like to spend added 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 son or daughter 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.

Research still suggests that most children are more settled in one home. Parents often see joint custody as an agreement that satisfies their ‘rights’, but the hazard is that the child’s needs will be overlooked in the process. Shared Custody is achievable, and it can work superbly, but, as in any custody contract, a willingness to be adaptable and to put the child first are the essential factors leading to success.

For more information on Making shared custody work:

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

Unfortunately the difficulty caused by a relationship breakdown is never restricted to the once-happy couple.

We all take into account nowadays that while husband and wife may be struggling enormously, their kids are probably suffering most of all, and the more the parents endure, the greater is the pressure on their little ones.

Often ignored in this cycle of damage 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 problem to maintain the relationship!

The end of the bond between dad amd mom should not need to mean the close of the grandparent’s connection with their grandchild. In fact, with the unique exception of cases where the grandparent relationship is being used by one of the parents for their own profit, it is always going to be in the greatest interest of the kids 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 agreement for a biological or adoptive grandparent to file for custody of their grandchildren, as family law upholds that the best interest of the children are normally served by maximizing contact with their parents, providing that they have shown themselves willing to serve the child’s best interests.

There are obviously exceptions to this rule, and in cases where there is reason to suggest that the child is at risk of some form of abuse, the grandparents can take the initiative and file a suit, suing for custody! This is not the norm of course, even in dire situations, as regularly it is the court itself that takes the initiative in bringing in the grandparents.

Indeed, if mum and dad fail to show themselves trustworthy enough to manage custody of the children, the grandparents are generally the initial persons approached by the court for custody. Otherwise, the court has to contemplate other relatives as potential custodians, especially where the parents of a child are dead or in jail.

These are of course the extreme alternatives – 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 – doing their best to organise access times that fit in with the new schedule, while at the same time giving first place to their grandchildren’s separated parents!

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

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

Hopefully the time the kids spend with nan and pop will be time to rest and recover from the complications of their lives.

For more information on Custody Rulings and the place of grandparents

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

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 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 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 preeminent 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 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 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 support 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 comprehend why factor #2 is so important: the parent most likely to promote the child’s continued contact and relationship with the other parent. And because there is so little sentienceAntonym 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 a lot of 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.

Often when a marriage is terminated, the earliest response of the parent moving out of the family home is to move as far away from their estranged 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 problems of court jurisdiction.

In Texas, your choice of where you carry on is not only a private issue between you and your children. It is also very much a legal matter. When initiating a child custody suit, you first need to give notice to the other parent. Before submitting a child custody lawsuit in Texas you need to establish whether the suit has been filed in the appropriate state and court. Texas has very specific laws to determine whether a custody action has been filed in the correct court.

It is worth noting, however, that all states in the US 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 conclude which state can hear a custody dispute and avoids confusion, where two states could make custody rulings involving the same child! Under this law, states must try to co-operate with one another and must affirm 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 moved out of Texas. Whether they have moved to another state or another country it is handled in the same way.

For the most part, the issue of which state has jurisdiction is worked through 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 life in the state but the parents do.

Things are not always this clear-cut however. In some suits, 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 little ones, because often a child and their parent has an important 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 given the citation of the previous state and agreed to it prior to shifting interstate, allowing the original county to exercise it’s jurisdiction over them.

Technically, jurisdiction of a child custody dispute 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 intercourse in that state, and the child was conceived as a result of that single exploit!

Where one parent does live 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 initiating 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 with them.

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

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

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

http://www.texaschild-custody.com

In most states, a court’s decision about child custody during a separation 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 ascertain 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 greatest interests of the child are the guiding principles in Florida. Domestic relations law of the state outline a list 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 faculty 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 advocate the child’s continued contact and relationship with the other parent. The importance of considering domestic violence is apparent. If a child is awarded to a violent parent, the safety of that child might be compromised. But most people are not mindful of and do not realize why factor #2 is so important: the parent most likely to advance the child’s continued contact and relationship with the other parent. And because there is so little ignoranceSynonyms 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 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 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.

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 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 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 control.  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 reserves 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 be presented with evidence to ascertain whether the child custody and support determination should be altered.  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 conflict. 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, like Arizona, have fathers rights groups specially dedicated to helping fathers obtain custody of their children (arizonafathersrights.com for example).  

Custody means that a mother or father 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 grants 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 preeminent 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 fight, there are rarely winners, frequently everyone is a loser, and the biggest losers are often the children.

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

Unfortunately the pain caused by a divorce or relationship breakdown is never restricted to just two adults.

We all take into account nowadays that while a couple may be distressed enormously, their kids are probably suffering most of all, and the more the parents ache, the greater is the pressure on their progeny.

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

The end of the relationship between mom and dad should not need to mean the conclusion of the grandparent’s bond with their grandchildren. In fact, with the occasional exception of cases where the grandparent relationship is being used by one of the parents for their own gain, it is always going to be in the best interest of the offspring for them to be able to continue their other significant connections, like that unique relationship with the grandparents.

In most courts, it is not normally a legal arrangement for a biological or adoptive grandparent to file for custody of their grandchild, as family law upholds that the best interest of the child 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 indeed exceptions to this rule, and in cases where there is testimony to suggest that the children is at risk of abuse, the grandparents can take initiative and file a suit, suing for custody! This is not the norm of course, even in dreadful 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 little ones, the grandparents are generally the earliest persons approached by the court for custody. Otherwise, the court has to take into consideration other more distant relatives as potential 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 excluded of their lives altogether! In the vast majority of cases, the grandparents just have to go through similar struggles to those of the non-custodial parent – battling to organise access times that fit in with the new situation, while also giving preference to their grandchildren’s struggling parents!

The court can of course order that a grandparent receive reasonable possession or access to a grandchild, but they will generally leave these arrangements to be worked out privately with the parents.
In the long run a grandparent is in a singular position to assist the grandchild through a challenging time and mum and dad need to be sensitive to the fact this.

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

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

For more information on Custody cases and the place of grandparents

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