When it comes to child custody under the Texas Family Code, the phrase "full custody" is not used. Instead, the law uses the term "conservatorship" and addresses how each parent's right to spend time with their child is allocated. Sometimes, only one parent has this right. Other times, the parents each independently hold this right, or the child's parents share. Some of the rights most parents may be concerned with is where their child will live, whether they will be granted child support and who will have primary child custody.
When a child's parents divorce, decisions will need to be made regarding who will care for the child and make decisions on the child's upbringing. Under Texas law, there is the presumption that each of the child's parents should share joint managing conservatorship. This gives each parent certain rights and duties when it comes to raising the child.
A litigated divorce can be a costly process. Not only is it costly financially, but it also costs time and emotional stress. This may especially be true if the divorcing couple has children, meaning child custody decisions must be made. It is important for parents in Houston to realize that they will still share a common link -- their child. This means that they will have to work together to raise their child, even though they are no longer romantically involved. It also means that, for the sake of all involved, parents may want to try coming to an agreement on child custody issues on their own, rather than drawing things out in litigation.
When parents in Texas divorced, it used to be the case that whichever parent was the "primary caretaker" (often the mother) would automatically get custody of the child, and the child's other parent (often the father) would have visitation rights. However, these days many courts and experts recognize that both parents play an important role in a child's life, and to this end, co-parenting and shared custody is becoming more common. In fact, some states in our nation, Texas included, are considering legislation that would either promote shared parenting or even make it the defaultchild custody arrangement.
Some people in Houston may assume that when it comes to child custody after divorce, the child will inevitably be shuttled back and forth between each parent's house. While this is the norm in Texas, and pretty much everywhere else, parents who are concerned about the upheaval this will cause their child may be interested in an alternative child custody arrangement: bird's nesting.
Once the turkey has been eaten, football games have been watched and "Black Friday" shoppers have flocked to Houston stores in droves, this means the start of the winter holiday season is upon us. Soon will come the time of gift-giving, feasting and celebrating the end of one year and the beginning of another. However, this time of year can be complicated for parents who are divorced, particularly when it comes to child custody.
When most people think of custody cases, they assume that courts are biased against fathers, and primary custody usually goes to the mother. Do fathers have any rights in family court?
For many people in Houston, autumn and winter are their favorite seasons due to the many holidays celebrated these months. This is especially true for families with children, who want to make happy holiday memories that will last their child's lifetime. Of course, families come in all shapes and sizes, and sometimes a child's parents are divorced. However, even divorced parents can take steps to ensure that the fall and winter holidays run smoothly, so that their child still experiences the wonder of the season.
Enforcement of child custody and visitation should be handled by a lawyer in family court. The police will generally refuse to get involved by saying this is a civil matter not criminal. What do you do if a parent or third party wrongfully withholds a child from the parent with custody or keeps a child beyond the time allotted for visitation?
Side agreements don't work in custody cases in Texas. What is a "side agreement"? it is a letter signed by the parents and often notarized which they believe resolves any issues concerning child custody, rights and duties, child support, or possession. These letters do not confer any judicially enforceable rights if one party decides not to go along with the terms set forth in the letter.