Today’s Articles January 24, 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