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Child Custody Archives

Using nesting as a shared parenting arrangement

Texas parents who decide to get divorced may need to contend with child custody issues. Traditionally, courts have given mothers primary physical custody of their children while fathers are granted weekend visitation. Courts have since moved on to favor shared parenting arrangements in which the children move between the parents' houses and spend nearly equal amounts of time with both.

The impact of substance abuse on child custody

When Texas parents have substance abuse issues, it could impact their ability to have possession or access to a child. Substance abuse could refer either to an alcohol problem or an addition to any illegal substance. Authorities may get involved in the matter if a complaint is filed with either the court that issued the custody order or to the Department of Family and Protective Services.

How courts may take children's wishes into consideration

As Texas kids get older, sharing time between their divorced parents can become more difficult, especially as the children begin to express where they would prefer to spend their time. However, the judge may take the children's opinion into consideration under some circumstances when resolving the child custody dispute.

Vacations and child custody disputes

Divorced Texas parents who share custody of their children may find that arranging vacations, such as spring break for school, can present complications. For those who agree on custody terms during vacation that are at odds with the terms of a custody order, they should make sure that they are able to verify the agreement if asked. If a child custody order does not specify how vacations should be handled and a dispute arises, it may be necessary to go to court to resolve the issue. Either way, estranged parents can benefit from learning how to avoid custody disputes regarding vacations.

What to do when a parent or court denies visitation

Divorced Texas parents who don't have primary custody might be denied visitation by either the other parent or a court. Generally, a court will only deny visitation in rare situations. For example, when there is concern for the child's safety due to issues such as abuse or addiction, visitation may be denied. Even in these cases, however, a court may order supervised visitations or require the parent to take an anger management class or another action before visitation right can be restored.

Winning child custody disputes

Child custody disputes can be very worrying for parents, and the results can be unpredictable. However, parents in Texas who are engaged in a child custody battle can take certain steps to create an effective plan and increase the chances that they can obtain the outcome they prefer.

Focusing on children's well-being during divorce

Texas parents who are considering divorce may first want to think about the timing in terms of helping their children adjust. For example, they may want to decide whether they want to do it during the school year so that they can deal with most aspects of the divorce while children are at school or in the summer when they might be able to spend more time with their children.

Determining where to file for child custody

Typically, a parent will file for child custody in the child's home state. This is generally the state where the child has lived with a parent or guardian for the past six months. For instance, if a child lived with his or her mother in Texas, the father would file for custody in Texas. However, there are exceptions to this rule.