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Posts tagged "Child Custody"

Child custody for children of deported parents

Texas parents who are undocumented or who know someone with an undocumented immigration status may already be aware of some lawyers' volunteer efforts to help immigrants with children. Throughout the country, some attorneys and law students are volunteering to help immigrants without documentation to prepare the documents they need to transfer custody of their children to trusted individuals in the event that they are deported.

Reasons both parents should share custody of their children

Texas parents who are ending their marriage may not be aware that multiple research studies show that children who have both parents in their lives following a divorce have, on average, better lives than those who only have one parent who has sole custody. Even so, census data reveals that U.S. courts award primary physical custody to the mother in approximately 80 percent of the cases. As such, fathers should continue to fight for joint custody.

Seeking custody of a younger sibling

If Texas parents cannot provide proper care for their children, a family member, such as an older sibling, may attempt to seek custody to keep the children from going into foster care. However, getting custody can be tricky if the children's parents do not want to relinquish custody or if the older sibling is too close in age to the minor child.

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.