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Dealing with the custody of minor children in Texas is often a side issue when handling a divorce – and often a very emotional and stressful time for both parents and the minor children. The term child custody is not used as often; parenting plans is a modern term for establishing guidelines that both parents will agree to follow once the divorce is final.
Original Custody Decisions
The judicial system approaches this topic with one primary concern: protecting the best interests of the child or children. Sole conservator awards physical and legal child custody to only one parent, while joint conservators are both parents.
The following factors are examined by the court regarding each parent’s:
- Capability to raise the children.
- Future plans for themselves and the children.
- Stability of the home setting.
- Past or potentially future abuse or harm to the children.
- Handling of current physical and emotional needs for the children.
Being able to handle such important legal concerns often requires the services of child custody attorneys who are experienced in the handling of sensitive child custody issues. The preferred arrangement for minor children is to have parents agree on a plan for the raising of the children.
If this cannot happen for whatever reason, it is the role of child custody attorneys to act as a mediator and work with the other spouse’s attorney to reach a parenting plan that is agreeable to all.
When all issues have been resolved, a Final Order is issued and signed by both parents and the presiding judge.
What happens after this time if either parent does not agree with and wants to change the Final Order? An integral part of dealing with child custody includes modifications to and enforcement of final custody orders.
Modifications to Original Custody Decisions
Modifications to the child custody order can be done at any time based on individual circumstances. Either one of the parents can request that changes be made as can the child if he or she is 12 years of age or older.
There are certain statutory requirements that dictate what life circumstances warrant a change of the custody order.
The entire process can be done easily and quickly if both parents agree on the modification. Otherwise, it will have to be presented in family court for a decision to be made that will result in another Final Order.
Enforcement of Original Custody Decisions
What if one parent does not follow the stated guidelines of the Final Order? Enforcement of any order regarding child custody requires that a motion be filed for enforcement of the violated order.
Such motions are clearly and concisely worded. They state which portions of the original Order were violated and exactly how that took place. Any issue that is not included on your Enforcement motion but thought of during a hearing cannot be included.
If agreement of both parties can be reached prior to a hearing in Family Court, such agreement may be presented at the hearing for approval by the presiding judge. Otherwise, evidence is presented by both sides and a decision is rendered.
Handling all the aspects of child custody requires the knowledge of a child custody attorney. All issues concerning the future of your children is of vital importance – get help from a lawyer who will be dedicated to your child custody concerns!
Need A Compassionate Child Custody Attorney?
Foreman Family Law Can Help With Your Child Custody Issues!
See Also: Child Support
Jana is an amazing attorney. Very professional, honest and knowledgeable. She doesn’t pull punches nor feed you empty promises. She may not be the cheapest in town but she is worth every single penny!!! Highly recommend her!
Mrs. Foreman and Diane are amazing at what they do. They are the reason my niece and nephew are SAFE and HAPPY now. There’s not enough thank you for what they did for my brother. I thought it was impossible for my brother to get full custody of his children but Jane and Diane made it happen.
Jana Foreman has done the absolute most in making our family whole. My husband struggled for years to get custody of his daughter and Jana was able to make it happen. She was very open and straightforward with us throughout the whole process, even when we were feeling discouraged. She even helped us with the adoption of our son immediately after getting custody of my stepdaughter. Jana and Diane both are the most wonderful people to work with and we couldn’t be happier to know them. Thank you so much for all you’ve done for us!!!
If you’re looking for a family lawyer who’s not just out to make a quick dime & who actually cares what’s best for you then hire Jana Foreman! There isn’t enough words to express how satisfied I am with her services!
When you are unsure of your rights or the best course of action, it’s reassuring to know that you can turn to an experienced family lawyer for help. We strive to make a difference one case at a time.