- Houston Law and Interstate Child Custody Rights
Often when a relationship altogether ends, the next response of the parent vacating the family home is to move as far away from their ex as possible. Aside from the affects this can have on your child’s emotional stability, it can also affect the mechanics of filing a suit by raising problems of court jurisdiction.
In Texas, your choice of where you set up house is not only a private issue between you and your child. It is also very much a legal issue. When starting a child custody suit, you first want 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 correct state and court. Texas has very definite laws to determine whether a custody case has been filed in the correct court.
It is important to note, however, that all states in the USA are governed by the Uniform Child Custody Jurisdiction Act (UCCJA). This is a ruling that determines which state can make custody rulings. It sets out the rules that ascertain which state can hear a custody dispute and avoids confusion, where two states could make custody outcomes involving the same child! Under this law, states must try to collaborate with one another and must recognise and enforce the custody orders of other states.
In the state of Texas, disputes 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 dealt with in the same way.
Generally, the issue of which state has jurisdiction is worked out by where the child (on the date of the commencement of the proceeding) has residence, regardless of whether the family members may have afterward moved. This includes circumstances where the child no longer lives in the state but the parents do.
Things are not always this straightforward however. In some suits, the court of the state where the child resides may refuse to exercise their right of jurisdiction if it is deemed that another state is a more appropriate environment.
Again, this reflects the best interest of the little one, because often a child and their parent has a meaningful connection with a particular state, other than their mere physical presence, or were there is a substantial amount of relevant evidence available in a particular state – evidence regarding the child’s care, protection, training and personal associations.
In other situations, the parent may have already been handed 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 dispute can be fixed in Texas even if a party has never resided 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 action!
Where one parent does reside in another state, the court can require them to appear before the court in person. This can be with or without the daughter or son. In cases where the parent in this state has existing custody of the child, the court can command them to appear in person with the child.
The parent issuing the citation needs to be aware that if a non-resident-of-the-state parent is obliged to be present at a child custody proceeding, the court may insist that the other parent to cover travel and accommodation expenses. The child however need not be with them.
Once it is worked through that jurisdiction is appropriate in Texas, when a party or the child resides out of state, then the proper county for the case is determined by the general venue provisions, as previously set out above, concerning where most of the information concerning the action exists.
Otherwise, where a court in Texas has already made a child custody decision, it has total ongoing jurisdiction over that result unless or until it is determined that the children 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 Law and Interstate Custody Rights:
http://www.custodyrights.org
- Shared Custody Arrangements
The family court always favors custody results that are in the “best interests of the child” and as such can specify the rights and requirements of parents where shared custody (technically referred to as ‘joint conservatorship’) has been granted.
Shared Custody is a risky balance to achieve, but if you want to avoid involvement from the courts and make your custody arrangement work for the best interests of your children, plenty of thought will be necessary to determine how to make the move between the two homes as smooth as is workable.
An example of a good method in a joint conservatorship is to set up a consistent system of house rules in both homes. Often parents are tempted to immediately change rules that were a source of frustration during the marriage or that remind them of their former spouse. Such inbalances though can be troublesome for the child, and even push them to alter their behaviour between homes.
As a result, children can become very astute at pleasing or even manipulating conditions between the homes for their own profit in situations where parents are still emotionally at risk. This is not because children are fundamentally naughty 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.
Developing this consistency may require routine phone calls and meetings between parents to determine the needs of the child and the working out of a calendar together, so that there are obvious 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 friends.
As your child grows, these rules will, of course, need to be reassessed together and changes implemented co-operatively. In truth, parents who move into a joint custody arrangement because they are really looking to the best interests of the child need to put in the effort necessary to make it work. They also need to be prepared to change the agreement should the needs of the child change.
When a child comes to a decision that he or she would now like to spend extra time in the home of one particular parent, there is frequently 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 created to serve their best interests and not yours, 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 risk is that the child’s needs will be forgotten in the process. Shared Custody is workable, and it can work brilliantly, but, as in any custody deal, a willingness to be flexible and to put the child first are the fundamental keys to success.
For more information on Managing the transition between homes in shared custody:
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 failed relationship 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 determine which parent is the suitable custodian of the children. The level of complexity in custody decisions has drastically risen and decisions are no longer clear-cut.Florida is one state that places an emphasis on the protection of children involved in a divorce. The best interests of the child are the guiding principles in Florida. Domestic relations law of the state outline a 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 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 advocate 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 progress the child’s continued contact and relationship with the other parent. The importance of considering domestic violence is palpable. If a child is awarded to a violent parent, the safety of that child might be compromised. But most people are not aware of and do not know 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 ignoranceSynonyms of this factor, it presents both a great opportunity and great problem for parents seeking custody of their child. The “best interests of the child” standard was developed by lawyers, judges, child psychologists, and social workers. It represents a balancing of interests and is designed to benefit the child. The states that have adopted this standard believe a child should have a continuing bond with both parents, even after a divorce. And that mutual bond is best promoted by a parent that promotes visitation with the non-custodial parent. The parent that appears to promote the child’s contact with the other parent will get a strong preference in a custody decision. The parent that refuses visitation with the other parent will hurt themselves in a custody decision. Cooperation with visitation can take various forms. A suggested pattern of conduct includes: avoiding discussions of adult divorce issues with the children, making reasonable arrangements for weekly visitation, openness about sharing holidays with the children, and participating in joint decision making about chief 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 January 24, 2012
Written by FatherDave on January 24th, 2012Today’s Articles January 17, 2012
Written by FatherDave on January 17th, 2012- Moving interstate and Child Custody
Your immediate thought after a long-term relationship breakdown might be to move as far away from your former spouse as possible – getting away from Texas and moving interstate – but this can cause all sort of difficulties if there is a little one involved: emotional, social, and also legal problems!
Do not forget that the Texas Family Court considers the interest of the child to be the major determining factor when deciding on custody, and a parent who disappears from the scene after a marital seperation is rarely perceived as acting in the best interests of the little ones.
Retaining some degree of constancy for your children through the upheaval of family breakdown is crucial, and you need to understand that your child’s whole notion of ‘home’ is one that was developed from within that environment you fashioned when you and your former partner were still together.
for that reason you should avoid relocating your children from the family residence if at all possible, most especially in the early months after separation.
Staying at your residence may be painful, especially if you have friends or neighbors whose very presence reminds you of the pain of your relationship failure, and you may desire the support of your home, who may live a long way away. Yet this is the home of your little ones home. And the ‘home’ is more than four walls and a bed. It also consists of friends, sporting clubs, and your child’s accustomed recreational hangouts, all of which your child may must be sure now more than ever!
If you are the parent you has been forced to vacate the family home, this makes the issue of residency no less important, and you should weigh up very carefully about how to maintain a consistent environment for your children when you choose where to live.
From a practical viewpoint, living closer to your spouse also means that a shared care alternative is more workable.
By remaining close to your child’s mates, this also allows play-dates to go on in the familiar way, babysitting matters can be more easily administered, 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 circumstances. This all means more “regular” time spent with your child that improves the situation of both parents and the little ones.
And remember that these issues are not simply personal family matters. They are also legal matters, and can play a key role in decisive custody cases. The family court in Texas awards custody by fundamental what is in the best interests of the children, and it is rarely going to be in the best interest of the child if one of the parents relocates interstate, most especially if they are planning on taking their child with them.
For more information on Custody-Rights – Should-I-Stay-in-Texas?:
http://www.custodyrights.org
- Shared custody – working together
The court always favors custody verdicts that are in the “best interests of the child” and as such can mandate the rights and obligations of parents where shared custody (technically referred to as ‘joint conservatorship’) has been granted.
Shared Custody is a risky 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 little ones, plenty of planning will be necessary to determine how to make the transition between the two homes as smooth as is feasible.
An example of a good procedure in a joint conservatorship is to set up a consistent system of house rules in both homes. Often parents are tempted to instantly change rules that were a source of frustration during the marriage or that remind them of their estranged spouse. Such variations though can be unsettling for the child, and even push them to amend their behaviour between homes.
As a result, children can become very perceptive at pleasing or even manipulating states of affairs between the homes for their own profit in situations where parents are still emotionally susceptible. This is not because children are basically mischievous but is simply a survival strategy. A child requires consistency of rules and schedules between homes, for both peace-of-mind and for their healthy emotional and physical development.
Developing this consistency may require regular phone calls and meetings between parents to agree on the needs of the child and the working out of a calendar together, so that there are 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 friends.
As your child grows, these rules will, of course, need to be reassessed together and alterations implemented co-operatively. In truth, parents who enter a joint custody arrangement because they are truly looking to the best interests of the child need to put in the effort necessary to make it work. They also need to be prepared to change the agreement should the needs of the child change.
When a child resolves that he or she would now like to spend extra time in the home of one particular parent, there is often an impossible guilt that they feel over choosing one parent above the other. Parents need to be proactive in freeing their child from this guilt by making it obvious that the arrangements have been put in place 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 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 overlooked in the process. Shared Custody is achievable, and it can work brilliantly, but, as in any custody arrangment, a willingness to be amenable and to put the child first are the crucial elements to success.
For more information on Managing the transition between homes in shared custody:
http://www.texaschild-custody.com/texas-law-and-interstate-custody-disputes.php?maxi
- Enduring your Custody Dispute
Custody disputes destroy people.
Those who have been through a arduous custody suit know why these struggles are associated with alarmingly high rates of both suicide and homicide.
Family court judges regularly live in fear of their resides, as displeased parents frequently blame them for tearing their family apart. More often though, a bad custody action leads to self-harm, especially in the case of men, who tend to be the ones who often feel unfairly victimized by the family court system.
The best fix for this stress levels, of course, is to stay away from going to court totally. Try your hardest to reach a satisfactory arrangement with your ex husband or wife, without bringing in legal intermediaries.
Either way though, while your leading priority needs to be determining a custody arrangement that is in the best interests of your child, your number two priority must be to cope with the stress of the custody proceedure without passing that emotional stress on to your children.
Avoid allowing your little one to share in any of your emotional efforts that are connected with your divorce. This is particularly 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 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 bond did not work out. They did not cause your connection breakdown and they cannot cure it.
You must take the responsibility for this yourself, and if you need assistance (as we all do) you need to ask for it from friend your own age – siblings, parents or friends – and not from your little ones.
The uncomplicated rule is this: do not discuss with your child about your child custody case. If they ask you how it is progressing, assure them that both mum and dad are both doing their best to agree on an arrangement that is greater for them (the child) and leave it there.
If your child won’t let up on the questioning, it can be very difficult to shun going into details, but you must try hard to avoid sharing bitterness and frustration with your children, as you do not want your heartache to become their agony.A trained family counsellor can be a valuable asset in these conditions, for both parents and little ones. In some circumstances, it may even be possible (and very valuable) for a practiced counsellor to facilitate discussion between a child and both parents. Do not endeavor to do this though without professional assistance. The dynamics of such an encounter can be very challenging to control, and the potential negative consequences are far too serious if things go pear-shaped.
Child custody cases are troublesome for everybody – children, parents and the community at large – and there is only ever one good reason for entering into a custody dispute in the first place: you are anxious for best interests of your son or daughter. If then you really are try to ensure the best interests of your child, be assured that it will never be in their best interests to enmesh them in the anguish of the custody case.
For more information on Enduring your Custody Case:
http://www.texaschild-custody.com
Today’s Articles January 11, 2012
Written by FatherDave on January 11th, 2012- Family Law in Texas and Interstate Child Custody Rights
Often when a relationship altogether ends, the most likely response of the parent leaving the family home is to shift as far away from their former partner as possible. Aside from the affects this can have on your child’s emotional stability, it can also affect the mechanics of filing a suit by raising problems of court jurisdiction.
In Texas, your choice of where you perservere is not only a personal issue between you and your little ones. It is also very much a legal matter. When beginning a child custody dispute, you first require 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 detailed laws to determine whether a custody case 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 directive that determines which state can make custody verdicts. It sets out the rules that ascertain which state can hear a custody dispute and avoids confusion, where two states could make custody judgments involving the same child! Under this law, states must try to cooperate with one another and must recognise 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 matter 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 later moved. This includes states of affairs where the child no longer lives in the state but the parents do.
Things are not always this uncomplicated however. In some cases, the court of the state where the child resides may refuse to exercise their right of jurisdiction if it is decided that another state is a more appropriate environment.
Again, this reflects the best interest of the children, because often a child and their parent has a significant connection with a particular state, other than their mere physical presence, or were there is a large 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 handed the citation of the previous state and consented 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 subject to a state’s jurisdiction if they had merely engaged in sex in that state, and the child was conceived as a result of that action!
Where one parent does carry on in another state, the court can order them to appear before the court in person. This can be with or without the youngster. When the parent in this state has physical custody of the child, the court can command them to appear in person with the child.
The parent instigating the citation needs to be aware that if a non-resident-of-the-state parent is obliged to be present at a child custody hearing, the court may force the other parent to cover travel and accommodation expenses. The child however need not be there.
Once it is determined that jurisdiction is appropriate in Texas, when a party or the child resides out of state, then the proper county for the case is determined by the general venue requirements, as previously set out above, concerning where most of the information concerning the suit exists.
Beyond that, where a court in Texas has already made a child custody ruling, it has absolute continuing jurisdiction over that result unless or until it is decided upon that the little ones 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 Texas Family Law and Interstate Custody Rights:
http://www.texaschild-custody.com/texas-law-and-interstate-custody-disputes.php
- Protecting your child from the child custody fallout
When dad and mom decide that they can no longer continue living together, this does not of course mean that either of them loves their children any less. In fact, separation or divorce tends to intensify the love parents have for their little one, and it brings out the protective instincts in both parents.
Because of this though, the children can also become opportune weapons, used by one partner to hardship the other. The tragedy, of course, is that this tends to damage the youngster even more than the parents!
If your foremost concern is really for the interests of your children, you must shield yourself from day one of your marriage breakdown, to avoid criticizing or making condemnatory statements about your estranged spouse in front of your child.
Niggling away at your estranged partner through little payback comments that are difficult to challenge becomes painfully clear to your youth after a while, and such grumblings only serve to keep alive the battle with your former partner.
Be the adult in the situation, so that your daughter or son, and only your daughter or son, gets to be the daughter or son.
Countless times, damaged parents surrender to the temptation to have a shot at their former spouse by returning kids a little later than organized, thus making a point of rights, or they purposefully change arrangements at the last minute, just to stay on top in the pay-back stakes.
Once you have divorced, you need to let go of the desire to hurt your ex for the pain you have been through together. If something seems uncalled-for, discuss this with your ex and don’t let it build up, and be sure to eliminate the, “this is so typical of you” tone, especially when in front of the children.
When your children go back to the other parent, they should not have to deal with the pain of hearing about how the other hates their behavior, potentially damaging what should have been a positive time with the other parent.
Keep in mind that while you might begrudge having to be involved with your former partner for the rest of your child’s life, you are required to fulfill the responsibilities that have been born of that season together. Your little one should not have to bear the cost for that.
Remember that a spiritual level, you are both a fundamental part of your child’s character. You dismantle that identity when you put down your former spouse, as you not only create conflicting loyalties within your child, but also inadvertently destroy the view they have of themselves, which in younger years is inseparably linked to their understanding of their parents.
It will every time be in the best interests of your children to have the unconditional love of both mom and dad, and the working through of a difficult custody agreement must be directed by the intentional actions of the adults involved.
Relieving your son or daughter of the trauma of dislocation, and helping them to hold on to their connection with both parents is usually the best you can do for a child. coping with your anger and moving beyond your personal exasperation with your estranged partner can be one of the best things you can do for your daughter or son.
For ultimately, you do want your little one to learn that sometimes associations do fail and that things do get difficult, but that, in the end, they can turn out ok! This is what inner strength is all about and nurturing this in your child has always got to be in their best interests.
For more information on Minimising the damage for children in custody disputes:
http://www.texaschild-custody.com
- Child Custody Laws in Dallas
When organizing yourself for a custody battle in Texas, dad and mom need to be thinking primarily about what is in the best interests of the progeny, for this is what the judge will be focusing on.
Parents do have entitlements under Texas law, but it is the needs and rights of the child that are of utmost importance in custody hearings, and these will be the significant factors upon which the family law court judge will attempt to base the decision.
As recorded in section 153.002 of the Texas Family Code, ordinarily, parents are considered to be equal in their right to parent their little ones, 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 the Family Law Code in Texas (as seen in Section 153.00) is to:
(1) Make certain that children will have recurrent and continuing contact with parents who have shown the ability to act in the best interest of the children;
(2) Deliver a safe, stable, and non-abusive environment for the children; and
(3) Encourage parents to share in the rights and duties of raising their child after the parents have become estranged or dissolved their marriage.
If you are a mother or father who is preparing for (or even considering) a custody suit, you would do well to keep this in mind at all times. You will not be able to establish a solid case for custody of your little ones unless you can illustrate how you having custody will be in their best interests.
Giving prime consideration to your children will also play a deciding role in many other main areas of your life, at least until custody has been worked through.
These areas include:
(1) Where you live. While it might be tempting to move as far away from your ex as possible, this is seldom going to be in the best interests of the child.
(2) How you deal with your own anxiety. While you might feel that you need the presence of your little ones to help you get through the distress of the separation, remember that your children are simply not ready to deal with the range of emotions experienced by a mature adult, and that unloading your personal struggles on them is not simply unhelpful, but can be a form of abuse!
(3) Considering how you refer your Ex. In a similar vein, mom and dad getting ready for custody suits before the court of Texas must be mindful of the extraordinary destruction that they can do through bad-mouthing their former partner in front of the children.
Such behaviour not only does loss to child and parents alike, but it may also be factored in by the family law court judge, where a noticeable lapse in self-control may be taken as an indicator of an inability to fulfill the proper role of mother or father!
For more informat on Houston Child Custody Laws:
http://www.texaschild-custody.com/surviving-your-custody-battle.php
Today’s Articles January 3, 2012
Written by FatherDave on January 3rd, 2012- Texas Law and Interstate Custody Cases
Often when a legal marriage dies, the most likely response of the parent vacating the family home is to relocate as far away from their estranged partner as possible. Apart from the affects this can have on your child’s emotional health, it can also affect the mechanics of filing a suit by raising issues of court jurisdiction.
In Texas, your choice of where you rent or buy is not only a personal issue between you and your daughter or son. It is also very much a legal issue. When initiating a child custody suit, 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 apt state and court. Texas has very specific laws to determine whether a custody action has been filed in the correct court.
It is important to note, however, that all states in the US are governed by the Uniform Child Custody Jurisdiction Act (UCCJA). This is a directive that determines which state can make custody judgments. It sets out the rules that establish which state can hear a custody dispute and avoids confusion, where two states could make custody decisions involving the same child! Under this law, states must try to join forces with one another and must acknowledge and enforce the custody orders of other states.
In the state of Texas, disputes arise when one parent does not live in Texas, or the child and other parent have vacated Texas. Whether they have moved to another state or another country it is handled in the same way.
Normally, the issue of which state has jurisdiction is worked through by where the child (on the date of the commencement of the proceeding) is residing, regardless of whether the family members may have subsequently moved. This includes circumstances where the child no longer safety in the state but the parents do.
Things are not always this simple however. In some disputes, 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 children, because often a child and their parent has a meaningful connection with a particular state, other than their mere physical presence, or were there is a large amount of relevant evidence available in a particular state – evidence regarding the child’s care, protection, training and personal relationships.
In other instances, the parent may have already been given the citation of the previous state and agreed to it prior to moving interstate, allowing the original county to exercise it’s jurisdiction over them.
Technically, jurisdiction of a child custody dispute can be fixed in Texas even if a party has never lived in Texas! A party can be governed by a state’s jurisdiction if they had merely engaged in sex in that state, and the child was conceived as a result of that deed!
Where one parent does set up house in another state, the court can subpoena them to appear before the court in person. This can be with or without the child. When the parent in this state has existing 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 compel the other parent to cover travel and accommodation expenses. The child however need not be present.
Once it is determined that jurisdiction is appropriate in Texas, when a party or the child lives 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 exclusive ongoing jurisdiction over that result unless or until it is worked out that the little ones 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 Law and Interstate Child Custody Rights:
http://www.texaschild-custody.com
- Ways in which the Court 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 capability to pay, custody arrangements and the child support guidelines.
The Criminal Code makes it an offence to abduct a child to spite a custody order. A custody order establishes both the custody and parenting time arrangement for the children. Your child custody order is also confidential.
When an unmarried 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 establish. The Court must consider the following factors in every child custody decision under the law regarding the best interest of the child. The court holds 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 decide 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 progeny. Some states, such as Arizona, have fathers rights groups specially dedicated to helping fathers obtain custody of their children (arizonafathersrights.com for example).
Custody means that a parent has legal custodial rights and responsibilities toward the child. Joint child custody means that both parents have the lawful custodial rights and responsibilities toward a child. Joint custody permits both parents to have a say in the child’s upbringing.
There is no evidence to emotional support that a presumption of joint custody is in the the best possible arrangement 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 life from time to time. In fact, there may be legal joint custody, but the child may live with only one parent. Legal child custody includes the right to make decisions about the child’s education, religion, health care, and other important concerns. A child may be placed in foster care while a custody case is pending. Legal custody means the right to determine the child’s upbringing, including education, health care, and religious training.
Physical custody and residence means the routine daily care and control and where the child lives. Physical child custody is awarded to one parent with whom the child will live most of the time. In most cases, both parents continue to share lawful child custody but one parent gains physical child custody. There is also a presumption that it is in the child’s best interest to be in the custody of a parent over a non-parent.
Visitation rights allow the non-custodial parent (the person without child custody) time to spend with their child. A common arrangement is that one parent gets custody of the child and the other parent is given visitation rights.
A child custody evaluation is a report written by a neutral professional about you, the other parent, and your children. It is usually not necessary that formal psychological tests be administered to each parent in the context of a child-custody evaluation. The primary purpose and focus of the custody and/or visitation evaluation is to determine what is in the best interests of the child.
Comprehensive child custody evaluations generally require an evaluation of all parents/guardians and children, as well as observations of interactions between them. The children are also evaluated in a custody/visitation evaluation.
Because of the complexity of child custody matters and the importance of the outcome, it may be advisable to contact an attorney. The attorney should know several child custody evaluators or guardian ad items that they have worked with successfully. If you proceed with a child custody action without an attorney, you are acting as your own attorney.
In a child custody dispute, there are rarely winners, frequently everyone is a loser, and the biggest losers are often the children.
For more information on Child Custody Law, visit us at http://www.custodyrights.org/child-custody-laws.php
- Custody cases and how it affects grandparents
Unfortunately the damage done by a divorce or relationship breakdown is never restricted to just two adults.
We all understand nowadays that while a couple may be struggling enormously, their kids are probably suffering most of all, and the more the parents agonize, the greater is the pressure on their child.
Often overlooked in this cycle of injure 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 adversity and a legal impediment to maintain the bond!
The end of the connection between mum and dad should not need to mean the termination of the grandparent’s connection with their grandchildren. In fact, with the unique 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 good interest of the offspring for them to be able to continue their other significant marriages, like that unique relationship with grandma and grandpa.
as elsewhere in the US, it is not normally a legal option for a biological or adoptive grandparent to file for custody of their grandchild, as the family court upholds that the best interest of the children are normally served by maximizing contact with their parents, providing that they have shown themselves eager to serve the child’s best interests.
There are of course exceptions to this rule, and in cases where there is testimony to suggest that the little one is at risk of some form of abuse, the grandparents can step in and file a suit, suing for custody! This is not the normal pattern of course, even in drastic situations, as regularly it is the court itself that takes the initiative in bringing in the grandparents.
Indeed, if mom and dad fail to show themselves mature enough to manage custody of the kids, the grandparents are generally the primary persons approached by the court for custody. Otherwise, the judge has to take into account other members of the family 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 kept out of their lives altogether! In the great majority of cases, the grandparents simply have to go through similar struggles to those of the non-custodial parent – battling to organise access times that fit in with the new schedule, while at the same time giving priority to their grandchildren’s struggling 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 by and large leave these arrangements to be worked out privately with the parents.
In the long run a grandparent is in an inimitable position to assist the grandchild through a hard time and mum and dad need to know this.Indeed, the grandparents should work hard during a time of family dissolution to make themselves accessible to their children and children’s children, while of course remaining careful to avoid taking sides and letting their frustration get passed on to any of the little ones!
Ideally the time the children spend with grandpa and grandma will be time to rest and recover from the problems of their lives.
For more information on Determining Child Custody and how it affects Grandma and Grandpa
http://[www.texaschild-custody.com]
Today’s Articles December 27, 2011
Written by FatherDave on December 27th, 2011- Making shared custody work
The family law court always favors custody determinations that are in the “best interests of the child” and as such can mandate the rights and duties of parents where shared custody (technically referred to as ‘joint conservatorship’) has been granted.
Shared Custody is a risky balance to achieve, but if you want to avoid involvement from the courts and make your custody deal work for the best interests of your little ones, 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 method in a joint conservatorship is to set up a consistent system of house rules in both family homes. Often parents are tempted to immediately change rules that were a source of frustration during the marriage or that remind them of their estranged partner. Such incongruities though can be troublesome for the child, and even push them to accommodate their behaviour between homes.
As a result, children can become very judicious at pleasing or even manipulating situations between the homes for their own benefit in situations where parents are still emotionally susceptible. This is not because children are basically mischievous but is simply a survival strategy. A child must have 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 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 revisited together and alterations implemented co-operatively. In truth, parents who enlist a joint custody arrangement because they are sincerely looking to the best interests of the child need to put in the season 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 resolves 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 children from this guilt by making it obvious that the arrangements have been set in place to serve their best interests and not the needs of the parents, and that you are therefore always open to adapt 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 danger is that the child’s needs will be overlooked in the process. Shared Custody is workable, and it can work wonderfully, but, as in any custody deal, a willingness to be amenable and to put the child first are the vital keys to success.
For more information on Shared custody – working together:
http://www.texaschild-custody.com/my-custody-rights-if-i-leave-texas.php?maxi
- Enduring your Custody Case
Custody confrontations devastate people.
Those who have been through a arduous custody action realize why these battles are associated with extraordinary rates of both suicide and murder.
Family court judges often live in fear of their safety, as unhappy parents often blame them for tearing their happy homelife apart. More often though, a bad custody suit leads to self-harm, especially in the case of men, who tend to be the ones who often feel unfairly victimized by the family family court system.
The best cure for this stress, of course, is to escape going to court completely. Try your hardest to reach a satisfactory arrangement with your former spouse, without bringing in legal intermediaries.
Either way though, while your highest priority needs to be finding a custody arrangement that is in the best interests of your little ones, your number two priority must be to handle the stress levels of the custody proceedure without passing that emotions on to your child.
Avoid allowing your son or daughter to join you in any of your emotional injuries that are connected with your family breakdown. This is particularly damaging where a child is allowed to feel responsible for the failed relationship, 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!
Be mindful that your children loves you both, and it is not their fault that your relationship did not last. They did not cause your marriage breakdown and they cannot fix it.
You must take on the responsibility for this yourself, and if you need support (as we all do) you need to find it from people your own age – siblings, parents or friends – and not from your child.
The plain rule is this: do not dialogue with your child about your child custody case. If they ask you how it is progressing, assure them that both dad and mom are both trying their hardest to agree on an arrangement that is the best possible arrangement for them (the child) and leave it there.
If your child pursues the issue, it can be very difficult to get out of going into details, but you must try hard to avoid sharing hurt and frustration with your children, as you do not want your anguish to become their agony.An experienced family counsellor can be a valuable asset in these situations, for both parents and little ones. In some circumstances, it may even be possible (and very worthwhile) for a trained counsellor to mediate discussion between a child and both separated parents. Do not attempt this though on your own. The dynamics of such a discussion can be very tricky to control, and the consequences are just far too serious if things go pear-shaped.
Custody rights cases are lengthy for everybody – children, parents and society at large – and there is only ever one appropriate basis for entering into a custody case in the first place: you are concerned for best interests of your son or daughter. If then you really are try to ensure the best interests of your children, 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 Surviving your Custody Case:
http://www.custodyrights.org
- Ways in which the Court 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 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 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 says otherwise.During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to determine. The legal 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 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 decide 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 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 conflict. 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, like Arizona, have fathers rights groups solely 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 allows both parents to have a say in the child’s upbringing.
There is no evidence to emotional support that a presumption of joint custody is in the good 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 life 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 conflict, 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
Today’s Articles December 20, 2011
Written by FatherDave on December 20th, 2011- Making it through your Custody Battle
Custody disputes devastate people.
Those who have been through a undesirable custody dispute know why these battles are associated with very high rates of both suicide and homicide.
Family court judges frequently live in fear of their abodes, as disgruntled parents often blame them for tearing their next of kin apart. More often though, a bad custody battle leads to self-harm, especially in the case of men, who tend to be the ones who often feel discriminated against by the family judge system.
The best remedy for this trauma, of course, is to steer clear of going to court altogether. Try hard to reach a suitable arrangement with your former partner, without bringing in legal intermediaries.
Either way though, while your highest priority needs to be settling on a custody arrangement that is in the best interests of your youth, your number two priority must be to cope with the pressure of the custody arrangements without passing that stress on to your child.
Avoid allowing your little one to partake in any of your emotional struggles that are connected with your separation. This is particularly damaging where a child is allowed to feel responsible for the failed relationship, or when one parent often plays the role of the “victim”, leaving the youngster feeling that they need to do something to fix the situation!
Be mindful that your son or daughter loves you both, and it is not their fault that your connection did not work out. They did not cause your marriage breakdown and they cannot cure it.
You must take on the responsibility for this yourself, and if you need support (as we all do) you need to ask for it from other adults – siblings, parents or friends – and not from your child.
The clear-cut 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 doing their best to agree on an arrangement that is foremost for them (the child) and leave it at that.
If your child pursues the issue, it can be very difficult to avoid going into details, but you must try hard to avoid sharing bitterness and hurt with your children, as you do not want your agony to become their heartache.An experienced family counsellor can be a priceless asset in these circumstances, for both parents and child. In some conditions, it may even be possible (and very useful) for a professional counsellor to arbitrate discussion between a child and both divorced parents. Do not endeavor to do this though without help. The dynamics of such a discussion can be very tough to control, and the potential negative consequences are far too serious if things go wrong.
Custody law cases are painful for everybody – children, parents and the community at large – and there is only ever one proper excuse for entering into a custody war in the first place: you are concerned for best interests of your children. If then you really are wanting to ensure the best interests of your son or daughter, be assured that it will never be in their best interests to entangle them in the pain of the custody battle.
For more information on Surviving your Custody Case:
http://www.custodyrights.org
- Laws governing Child Custody in Houston
When organizing yourself for a custody case in Texas, father and mother need to be thinking first and foremost about what is in the best interests of the child, for this is what the family law court 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 supreme importance in custody actions, and these will be the crucial factors upon which the judge will attempt to base the decision.
As can be seen in section 153.002 of the Texas Family Code, customarily, parents are considered to be equal in their right to parent their kids, so the rights of parents is not likely to be taken into account. It is the best interests of the little ones that are important, and the aim of the law code in Texas (as seen in Section 153.00) is to:
(1) Assure that children will have repeated and continuing contact with parents who have shown the ability to act in the best interest of the child;
(2) Supply a safe, stable, and nurturing home for the little ones; and
(3) Encourage mum and dad to share in the rights and duties of raising their children after the parents have moved apart or dissolved their relationship.
If you are a parent who is preparing for (or even contemplating) a custody action, you would do well to keep this in mind at all times. You will not be able to put together a solid case for custody of your children unless you can show how you having custody will be in their best interests.
Giving principal consideration to your child will also play a resolving role in many other basic areas of your life, at least until custody has been ascertained.
These areas include:
(1) Where you set up house. While it might be tempting to move as far away from your ex as possible, this is seldom going to be in the best interests of the little ones.
(2) How you deal with your own anxiety. While you might feel that you want the presence of your child to help you get through the shock of the family breakdown, don’t forget that your children are simply not ready to deal with the range of emotions experienced by an adult, and that unloading your personal problems on them is not simply unhelpful, but can be a form of abuse!
(3) Considering how you speak your former partner. In a similar vein, parents getting ready for custody cases before the court of Texas must be mindful of the extraordinary loss that they can do through speaking ill of their Ex in front of the children.
Such behaviour not only does damage to children and parents alike, but it may also be taken into consideration by the family law court judge, where a noticeable breakdown in self-control may be taken as an indicator of an inability to function properly as a parent!
For more informat on Dallas Child Custody Laws:
http://www.custodyrights.org
- Texas Law and Interstate Custody Cases
Often when a partnership dies, the earliest response of the parent moving out of the family home is to shift as far away from their ex as possible. Apart from the affects this can have on your child’s emotional equilibrium, it can also affect the mechanics of filing a suit by raising issues of court jurisdiction.
In Texas, your choice of where you reside is not only a personal issue between you and your little ones. It is also very much a legal question. When starting a child custody suit, you first need to give notice to the other parent. Before filing 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 detailed laws to determine whether a custody suit has been filed in the correct court.
It is worth noting, however, that all states in the United States are governed by the Uniform Child Custody Jurisdiction Act (UCCJA). This is an act that determines which state can make custody rulings. It sets out the rules that verify 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 collaborate with one another and must recognize and enforce the custody orders of other states.
In the state of Texas, arguments 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 managed in the same way.
Normally, the question of which state has jurisdiction is verified by where the child (on the date of the commencement of the proceeding) is residing, regardless of whether the family members may have subsequently moved. This includes situations where the child no longer resides in the state but the parents do.
Things are not always this plain however. In some suits, the court of the state where the child resides may refuse to exercise their right of jurisdiction if it is decided that another state is a more appropriate forum.
Again, this reflects the best interest of the youngster, because often a child and their parent has a significant connection with a particular state, other than their mere physical presence, or were there is a significant amount of relevant evidence available in a particular state – evidence regarding the child’s care, protection, training and personal associations.
In other cases, the parent may have already been served the citation of the previous state and consented to it prior to shifting interstate, allowing the original county to exercise it’s jurisdiction over them.
Technically, jurisdiction of a child custody case can be fixed in Texas even if a party has never resided in Texas! A party can be accountable 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 act!
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 little ones. When the parent in this state has existing custody of the child, the court can subpoena 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 required 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 present.
Once it is determined that jurisdiction is proper 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 provisions, 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 total continuing jurisdiction over that result unless or until it is decided 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 Custody Rights:
http://www.texaschild-custody.com
Today’s Articles December 13, 2011
Written by FatherDave on December 13th, 2011- In most states, a court’s decision about child custody during a failed marriage used to be simple to make.
In most states, a court’s decision about child custody during a failed relationship used to be simple to make. The judge would give custody to the mom. The dad got alternating weekend visitation. Now, custody decisions are drastically more complex. Many states have adopted a standard called “best interests of the child.” Judges are required to weigh a list of factors to verify which parent is the correct custodian of the children. The level of complexity in custody decisions has drastically risen and decisions are no longer clear-cut.Florida is one state that places an emphasis on the protection of children involved in a divorce. The greatest interests of the child are the guiding principles in Florida. Domestic relations law of the state outline a record 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 advocate 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 encourage 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 aware of and do not realize why factor #2 is so important: the parent most likely to boost the child’s continued contact and relationship with the other parent. And because there is so little responsiveness of this factor, it presents both a great opportunity and great problem for parents seeking custody of their child. The “best interests of the child” standard was developed by lawyers, judges, child psychologists, and social workers. It represents a balancing of interests and is designed to benefit the child. The states that have adopted this standard believe a child should have a continuing bond with both parents, even after a divorce. And that mutual bond is best promoted by a parent that promotes visitation with the non-custodial parent. The parent that appears to promote the child’s contact with the other parent will get a strong preference in a custody decision. The parent that refuses visitation with the other parent will hurt themselves in a custody decision. Cooperation with visitation can take several forms. A suggested pattern of conduct includes: avoiding discussions of adult divorce issues with the children, making reasonable arrangements for weekly visitation, openness about sharing holidays with the children, and participating in joint decision making about chief children’s issues.If you are 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. - Ways in which the legal 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 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 decides both the custody and parenting time arrangement for the children. Your child custody order is also confidential.
When an unmarried mother has a child, the mother has legal custody of that child until a court determines otherwise.During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to determine. The Court 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 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 settle whether the child custody and support determination should be modified. The fact that one parent has been the child’s primary caretaker 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 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, for example Arizona, have fathers rights groups especially dedicated to helping fathers obtain custody of their children (arizonafathersrights.com for example).
Custody means that a father or mother has legal 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 emotional support that a presumption of joint custody is in the best interests of children.
A study found that only when parents were still actively fighting did joint custody exacerbate children’s feelings of being torn between parents. However, when both parents favor joint custody, it can be a good solution for the children. Some parents have chosen a joint-custody arrangement in which the child spends an approximately equal amount of time with both parents. Some states award joint custody in which the judge simply divides the child’s time between the parents.
Joint custody does not mean simply alternating where the child resides 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 fight, 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-issues—7-tips.php
- Houston Child Custody Laws
When organizing yourself for a custody suit in Texas, dad and mom need to be thinking first and foremost about what is in the best interests of the child, for this is what the judge will be focusing on.
Both parents do have certain rights under Texas law, but it is the needs and rights of the little one that are of principal importance in custody cases, and these will be the significant factors upon which the family law court will attempt to base the decision.
As written in section 153.002 of the Texas Family Code, normally, parents are considered to be equal in their right to parent their son or daughter, so the rights of parents is not likely to be significant. It is the best interests of the progeny that are important, and the aim of the Texas law code (as seen in Section 153.00) is to:
(1) Make certain that children will have repeated and continuing contact with parents who have shown the ability to act in the best interest of the daughter or son;
(2) Grant a safe, stable, and non-violent home environment for the child; and
(3) Encourage father and mother to share in the rights and duties of raising their children after the parents have separated or dissolved their relationship.
If you are a parent who is preparing for (or even contemplating) a custody battle, you would do well to think about this at all times. You will not be able to set up a solid case for custody of your child unless you can show the court how you having custody will be in their best interests.
Giving foremost consideration to your little ones will also play a determining role in many other essential areas of your life, at least until custody has been determined.
These areas include:
(1) Where you move to. While it might be tempting to move as far away from your ex as possible, this is rarely going to be in the best interests of the child.
(2) How you deal with your own stress. While you might feel that you require the presence of your children to help you get through the pain of the separation, don’t forget that your children are simply not mature enough to deal with the range of emotions experienced by an adult, and that dumping your personal struggles on them is not simply unhelpful, but can be a form of abuse!
(3) Being careful how you speak your former partner. In the same way, both parents getting ready for custody disputes before the court of Texas must be mindful of the extraordinary destruction that they can do through putting down their Ex in front of the children.
Such behaviour not only does hurt to little ones and parents alike, but it may also be factored in 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 a parent!
For more informat on Child Custody in Texas:
http://www.texaschild-custody.com
Today’s Articles December 6, 2011
Written by FatherDave on December 6th, 2011- Moving interstate and Child Custody
Your immediate thought after a marriage breakdown might be to move as far away from your former partner as possible – moving away from Texas and moving interstate – but this can cause all sort of complications if there are sons and daughters involved: emotional, social, and also legal problems!
Remember that the Texas Family Court considers the interest of the children to be the major determining factor when determining custody, and a parent who removes themselves from the scene after a marital seperation is rarely identified as acting in the best interests of the little one.
Maintaining some degree of stability for your child through the upheaval of family breakdown is essential, and you need to recognise that your child’s whole notion of ‘home’ is one that was developed from within that environment you fashioned when you and your former partner were still in a relationship.
For this reason you should avoid displacing your children from the family dwelling place if at all possible, especially in the early months after separation.
Remaining at your residence may be painful, particularly if you have friends or neighbors whose very presence reminds you of the pain of your relationship breakdown, and you may require the support of your happy homelife, who may live a long way away. Yet this is the home of your son or daughter home. And the ‘home’ is more than four walls and a bed. It includes friends, sporting clubs, and your child’s accustomed recreational hangouts, all of which your child may are required now more than ever!
If you are the parent you has been forced to leave the family home, this makes the concern of place of residency no less important, and you should think very carefully about how to maintain a stable environment for your child when you choose where to live.
From a practical point of view, living closer to your spouse also means that a shared custody option is more realistic.
By remaining close to your child’s friends, this also allows play-dates to go on in the familiar way, babysitting matters can be more easily handled, as can the logistics of collecting forgotten toys from your child’s other home.
If you give thought to the long-term, you’ll realise that living close by means that you can better help 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 children that improves the situation of both parents and the little ones.
And remember that these issues are not solely personal family matters. They are also legal issues, and can play a main role in fundamental custody cases. The family court in Texas awards custody by determining 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 interstate, above all if they are planning on taking their children with them.
For more information on Custody-Rights – Should-I-Stay-in-Texas?:
http://www.custodyrights.org
- Minimising the damage for children in custody disputes
When two parents decide that they can no longer live together, this does not of course mean that either of them loves their children any less. On the contrary, separation or divorce tends to deepen the love parents have for their children, and it brings out the protective instincts in both mom and dad.
On account of this though, the children can also become ready-to-hand weapons, used by one partner to injure the other. The tragedy, of course, is that this tends to harm the daughter or son even more than the parents!
If your number one concern is really for the interests of your children, you must protect yourself from day one of your marriage breakdown, to avoid criticizing or making derogatory statements about your former partner in front of your child.
Having a shot at your former spouse through little payback comments that are difficult to challenge becomes painfully clear to your son or daughter after a while, and such grievances only serve to prolong the battle with your estranged partner.
Be the adult in the situation, so that your children, and only your children, gets to be the children.
Countless times, damaged parents give in to the temptation to take a shot at their estranged spouse by returning kids a little later than arranged, thus making a point of rights, or they deliberately change arrangements at the last second, just to stay on top in the pay-back stakes.
Once you have divorced, you need to let go of the desire to hurt your ex for the pain you have been through together. If something seems unwarranted, discuss this with your estranged spouse and don’t let it build up, and be sure to do away with the, “this is so typical of you” tone, especially when within earshot of the children.
When your children return to the other parent, they should not have to bear the burden of hearing about how the other begrudges their behavior, potentially damaging what should have been a beneficial time with the other parent.
Remember that while you might not like having to be involved with your former spouse for the rest of your child’s life, you are compelled to fulfill the responsibilities that have been born of that season together. Your little one should not have to pay for that.
Keep in mind that a psychological level, you are both a fundamental part of your child’s identity. You dismantle that identity when you put down your estranged partner, as you not only create conflicting loyalties within your children, but also unintentionally destroy the view they have of themselves, which in younger years is intimately linked to their understanding of their parents.
It will forever be in the best interests of your child to have the unconditional love of both dad and mom, and the working through of a difficult custody arrangement must be directed by the conscious actions of the adults involved.
Relieving your little one of the stress of dislocation, and helping them to retain their connection with both parents is usually the best you can do for a child. handling your anger and moving beyond your personal aggravation with your former partner can be one of the best things you can do for your daughter or son.
For in the end, you do want your son or daughter to learn that sometimes relationships do fail and that things do get rough, but that, in the end, they can turn out alright! This is what inner strength is all about and developing this in your child has always got to be in your child’s best interests.
For more information on Preserving children from the custody battle fallout:
http://www.texaschild-custody.com/texas-law-and-interstate-custody-disputes.php
- In most states, a court’s decision about child custody during a failed relationship used to be simple to make.
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 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 decide which parent is the appropriate custodian of the children. The level of complexity in custody decisions has drastically risen and decisions are no longer clear-cut.Florida is one state that places an emphasis on the protection of children involved in a divorce. The greater interests of the child are the guiding principles in Florida. Domestic relations law of the state outline a 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 power 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 noticeable. If a child is awarded to a violent parent, the safety of that child might be compromised. But most people are not conscious of and do not recognize 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 sentienceAntonym of this factor, it presents both a great opportunity and great hazard 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 numerous 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 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 30, 2011
Written by FatherDave on November 30th, 2011- Houston Child Custody Rights
When getting ready for a custody dispute in Texas, parents need to be thinking first and foremost about what is in the best interests of the child, for this is what the family law court will be focusing on.
Mom 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 disputes, and these will be the crucial factors upon which the family court will attempt to base the decision.
As recorded in section 153.002 of the Texas Family Code, as a rule, parents are considered to be equal in their right to parent their little ones, so the rights of parents is not likely to be significant. It is the best interests of the little ones that are important, and the aim of the law code in Texas (as seen in Section 153.00) is to:
(1) Ensure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child;
(2) Grant a safe, stable, and non-abusive environment for the children; 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 marriage.
If you are a parent who is preparing for (or even considering) a custody action, you would do well to bear this in mind at all times. You will not be able to manage a solid case for custody of your little ones unless you can demonstrate how you having custody will be in their best interests.
Giving prime consideration to your child will also play a resolving role in many other major areas of your life, at least until custody has been determined.
These areas include:
(1) Where you reside. While it might be tempting to move as far away from your former partner as possible, this is rarely going to be in the best interests of the children.
(2) How you deal with your own strain. While you might feel that you are required the presence of your little ones to help you get through the distress of the family breakdown, don’t forget that your children are simply not able to deal with the range of emotions experienced by a mature adult, and that unloading your personal difficulties on them is not simply unhelpful, but can be a form of abuse!
(3) Being careful what you say about your Ex. Similarly, father and mother organizing yourself for custody cases before the court of Texas must be mindful of the extraordinary pain that they can do through speaking ill of their former partner in front of the children.
Such behaviour not only does damage to child and parents alike, but it may also be factored in by the court, where a noticeable failure in self-control may be taken as an indicator of an inability to fulfill the proper role of a parent!
For more informat on Child Custody in Dallas:
http://www.texaschild-custody.com/texas-child-custody-law—an-introduction.php
- My Child Custody Rights if I move interstate
Your first thought after a long-term relationship breakdown might be to move as far away from your estranged spouse as possible – moving away from Texas and moving interstate – but this can cause all sort of difficulties if there is a child involved: emotional, social, and also legal problems!
Remember that the Texas Family Court considers the interest of the little ones to be the key determining factor when awarding custody, and a parent who disappears from the scene after a relationship breakdown is rarely perceived as acting in the best interests of the little ones.
Maintaining some degree of constancy for your children through the disruption of family breakdown is critical, and you need to be sensitive to the fact that your child’s whole concept of ‘home’ is one that was developed from within that environment you produced when you and your former partner were still a couple.
Therefore you should avoid displacing your children from the family dwelling place if at all possible, especially in the early months after separation.
Continuing at your residence may be undesirable, most especially if you have friends or neighbors whose very presence reminds you of the pain of your relationship failure, and you may desire 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 accustomed recreational hangouts, all of which your child may need now more than ever!
If you are the parent you has been forced to vacate the family home, this makes the matter of where you live no less important, and you should think very carefully about how to maintain a consistent environment for your little ones when you choose where to live.
From a practical standpoint, living closer to your spouse also means that a shared custody option is more realistic.
By remaining close to your child’s friends, this also allows play-dates to go on in the familiar way, babysitting preparations can be more easily administered, as can the logistics of collecting forgotten belongings 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 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 “regular” time spent with your child 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 significant role in deciding custody cases. The family court in Texas awards custody by determining what is in the best interests of the little ones, and it is hardly ever 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.texaschild-custody.com/texas-law-and-interstate-custody-disputes.php
- In most states, a court’s decision about child custody during a separation used to be simple to make.
In most states, a court’s decision about child custody during a divorce used to be simple to make. The judge would give custody to the mom. The father got alternating weekend visitation. Now, custody decisions are drastically more complex. Many states have adopted a standard called “best interests of the child.” Judges are required to weigh a list of factors to settle 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 greater interests of the child are the guiding principles in Florida. Domestic relations law of the state outline a record 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 ability 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 promote the child’s continued contact and relationship with the other parent. The importance of considering domestic violence is obvious. If a child is awarded to a violent parent, the safety of that child might be compromised. But most people are not informed of and do not realize 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 sentienceAntonym of this factor, it presents both a great opportunity and great peril 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 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.
Today’s Articles November 22, 2011
Written by FatherDave on November 22nd, 2011- Shielding your children from the custody battle
When dad and mom decide that they can no longer carry on together, this does not of course mean that either of them loves their children any less. In fact, marriage breakdown tends to strengthen the love parents have for their little ones, and it brings out the protective instincts in both mum and dad.
Because of this though, the children can also become convenient weapons, used by one partner to hurt the other. The tragedy, of course, is that this tends to damage the children even more than the parents!
If your prime concern is really for the happiness of your children, you must guard yourself from day one of your relationship breakdown, to avoid criticizing or making condemnatory statements about your former partner in front of your daughter or son.
Having a shot at your estranged spouse through little payback comments that are difficult to challenge becomes painfully discernible to your little one after a while, and such moanings only serve to keep alive the battle with your estranged partner.
Be the adult in the situation, so that your child, and only your child, gets to be the child.
Countless times, damaged parents succumb to the temptation to have a go at their ex by returning kids a little later than organised, thus making a point of rights, or they consciously change arrangements at the last second, just to stay on top in the pay-back stakes.
Once you have divorced, you need to let go of the desire to punish your former partner for the pain you have endured together. If something seems uncalled-for, discuss this with your former spouse and don’t let it build up, and be sure to do away with the, “this is so typical of you” tone, especially when in view of the children.
When your children return to the other parent, they should not have to deal with the pain of hearing about how the other dislikes their behavior, potentially ruining what should have been a beneficial time with the other parent.
Do not forget that while you might resent having to be involved with your estranged partner for the rest of your child’s life, you are required to fulfill the responsibilities that have been born of that time together. Your son or daughter should not have to pay the price for that.
Keep in mind that a psychological level, you are both a fundamental part of your child’s self image. You dismantle that identity when you put down your ex, as you not only create conflicting loyalties within your children, but also unintentionally destroy the view they have of themselves, which in younger years is intricately linked to their understanding of their parents.
It will forever be in the best interests of your child to have the unconditional love of both parents, and the working through of a difficult custody arrangement must be directed by the deliberate actions of the adults involved.
Relieving your children of the personal struggles of dislocation, and helping them to hang on to their connection with both parents is in general the best you can do for a child. handling your anger and moving beyond your personal exasperation with your estranged spouse can be one of the best things you can do for your little one.
For in the end, you do want your daughter or son to learn that sometimes associations do come to an end and that things do get rough, but that, in the end, they can turn out right! This is what inner strength is all about and nurturing this in your child has always got to be in your child’s best interests.
For more information on Preserving children from the custody battle fallout:
http://www.texaschild-custody.com/surviving-your-custody-battle.php
- Ways in which the legal 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 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 states otherwise.During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to ascertain. The Court must take into account the following factors in every child custody decision under the law regarding the best interest of the child. The court holds 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 be presented with evidence to determine whether the child custody and support determination should be changed. The fact that one parent has been the child’s primary guardian is often considered but is not enough to guarantee a custody award.
It is not that unusual for middle income parents to spend $60,000 on a divorce and child custody fight. Traditionally, divorce in the United States results in one parent being awarded primary custody and decision making for a child.
Each parent shares the rights and responsibility for the care, custody, companionship, and support of their offspring. Some states, 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 parent 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 permits both parents to have a say in the child’s upbringing.
There is no evidence to uphold that a presumption of joint custody is in the highest 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 conflict, 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
- Kids and Custody and the place of grandparents
Unfortunately the destruction wrought by the separation of a married couple is never restricted to the once-happy couple.
We all accept nowadays that while a couple may be suffering enormously, their kids are probably struggling most of all, and the more the parents grieve, the greater is the pressure on their children.
Often disregarded in this cycle of pain though are the grandparents. They too have their relationship with their grandchildren threatened by the the failure of a marriage, and in their case it can be both a practical difficulty and a legal impediment to maintain the marriage!
The end of the connection between two parents should not need to mean the close of the grandparent’s relationship with their grandchild. 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 progeny for them to be able to continue their other significant relationships, like that unique relationship with grandpa and grandma.
In most courts, it is not normally a legal arrangement for a biological or adoptive grandparent to file for custody of their grandchildren, as the family court upholds that the best interest of the child 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 indeed exceptions to this rule, and in cases where there is an indicator to suggest that the child is at risk of either physical-or-emotional-damage, the grandparents can step forward 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 mother and father fail to show themselves reliable enough to manage custody of the kids, the grandparents are generally the immediate persons approached by the court for custody. Otherwise, the law has to take into consideration other more distant relatives as potential legal carers, 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 debarred of their lives altogether! In the great 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 family arrangements, while at the same time 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 mostly leave these arrangements to be worked out privately with the parents.
Ultimately a grandparent is in an inimitable position to assist the grandchild through a difficult time and the two parents need to be sensitive to the fact this.Indeed, the grandparents should work hard during a time of family break down to make themselves available to their children and children’s little ones, while of course remaining careful to get out of taking sides and letting their dissatisfaction spill out on to any of the children!
Ideally the time the little ones spend with nan and pop will be time to rest and recover from the problems of their lives.
For more information on Custody Decisions and the custody rights of Grandparents
http://[www.texaschild-custody.com]