In some Texas divorce cases, one parent may be granted sole custody of any children that resulted from the marriage. Under certain circumstances, however, the non-custodial parent may return to court at a later date to seek custody if there is reason to believe that one or more of their children are receiving the care or support they need from the custodial parent.
Child custody is often a complicated matter for Texas parents going through divorce, and one 2015 study sheds light on a common misconception about custody arrangements. While common opinion holds that children who are subjected to joint-custody arrangements face increased stress due to regular travel between homes, evidence shows the opposite. Children living with only one custodial parent fare significantly worse in terms of psychosomatic problems than their counterparts who live separately with both parents.
There are many reasons for Texas families to travel out of state or to consider moving permanently. However, a child custody situation could affect the ability of a parent to travel out of state with their child. It is important to note that the conditions of the travel as well as the conditions of the custody order typically determine the restrictions or freedom to take a child out of state.
Families in Texas might benefit from understanding more about potential paternity issues for many noncustodial parents. Unmarried parents may have paternity established by petitioning through court or signing an Acknowledgement of Paternity. According to state law, paternity may not be established just because the father's name is included on the birth certificate. The attorney general advises parents to be aware of the potential ramifications that may result from signing any documents that could be considered to be legally binding.
If you are a parent going through a divorce, one of the key decisions will most likely be what will work best in regards to a child custody and visitation schedule. Under Texas law, courts will normally grant one parent primarily residential custody, while the other parent will either have visitation on a standard possession schedule or an expanded standard possession schedule.
Texas parents who have gone through a divorce may be interested in some information on the process for changing an existing child custody or support order. Depending on the reason for the change and the agreement of the parties, the circumstances of the modification may be different.
Family court judges in Texas often have special concerns about young children involved in divorces. Concerns about children's development and their abilities to bond with both of their parents lead judges to consider a variety of factors when determining possession orders.
In Texas, it may be possible for a custodial parent to move out of state with his or her child. However, the other parent may need to provide consent before the move is made. Additionally, both parents may need to agree to a revised visitation schedule, which may need to be approved by a judge. Courts will consider a variety of factors before deciding whether to allow the move if the noncustodial parent objects.
For many families, the most important aspect of the parenting plan may be the custody agreement. The typical custody arrangement most parents are familiar with is called standard possession. These agreements are usually ideal for parents who do not live in close enough proximity to the child's school.
In the view of Texas courts handling family law matters, allowing a child to develop and maintain good relationships with both parents is considered to be in the child's best interests in most circumstances. When divorcing parents are unable to agree on visitation matters, a judge will grant the noncustodial parent those rights according to a standard possession schedule established by the legislature.