When making decisions about child custody and related matters, Texas courts always base those decisions on what is in the best interest of the child. According to the Child Welfare Information Gateway, best interests is generally defined as what is best for the child's well-being and happiness. The court must follow specific guidelines when determining what the best interest of the child is.
May is in full swing and that means that for children in Texas, summer break is right around the corner. For children, summer is a time for sleeping in, going to the local pool or beach or taking a vacation. When married parents in Texas have a child, making summer plans is relatively easy. However, if a child's parents are divorced, they must follow a possession schedule that may differ from the one followed during the school year.
Divorce is not only more common place these days than it was 50 years ago, but the stigma is also changing. Many people in Texas are coming to the understanding that it is not necessary to spend the rest of one's life in an unhappy marriage, even if the couple has children. In fact, recent research indicates that divorce is having an impact on the number of single parents raising children in the United States.
Divorce can be difficult not just on parents, but also on their child. The child deserves to have a healthy and meaningful relationship with both parents. Therefore, when the child is living with one parent, he or she should be able to communicate with his or her other parent. Fortunately, in today's day and age there are many ways for children to keep in touch with their parents, including electronic means.
When two parents in Texas divorce, they must break the news to their child. Not only will they have to explain to the child that their marriage is ending, but they also must let the child know what their life will look like post-divorce. The following tips may help parents explain these difficult topics with their child, with the ultimate goal of keeping the best interests of the child in mind.
When parents in Texas divorce, decisions will have to be made regarding their children. Texas statutes do not use the term "full custody" when referring to child custody. Instead, the term that is used is "conservatorship." Conservatorship involves the rights parents have to the child. These rights can be awarded to only one of the child's parents, to both of the child's parents independently or they can be shared between both of the child's parents. Conservatorship rights include the right to decide where the child will live, primary possession rights and who will be granted child support.
Parents in Texas who are no longer in a relationship with one another will want to see that, despite their differences, they are both able to provide their child with a supportive and stable environment in which to grow. Therefore, the parents will either work out a standard possession (child custody) order out-of-court or one will be decided upon by a judge that meets the child's needs and allows each parent to have a meaningful relationship with their child.
The months leading up to a divorce can be a time of emotional turmoil. Couples in Houston on the brink of divorce may be very angry with each other, leading to heated arguments and rash decisions that could affect them during the divorce process and beyond, especially when it comes to child custody. There are ways, however, spouses anticipating a divorce can protect their interests through maintaining a cool head.
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.