Want Local Child Visitation For Grandparents Legal Services in Bryan Texas?
Get In Touch With Foreman Family Law!
Call 979-300-8356!
Those who are up against challenges in their life that focus on family members are frequently dealing with hardships in their life. It may be all sorts of things from marriage to divorce, abortion to adoption, or child custody and child support. Whichever these areas you may possibly be struggling with, it is difficult to recognize your legal choices. This is the reason why the counsel of Local Child Visitation For Grandparents Legal Services in Bryan Texas is so priceless.
What anxieties do Local Child Visitation For Grandparents Legal Services in Bryan Texas deal with for their clients?
- Legal separation and affiliated concerns!
- Custody of the children considerations following the divorce case!
- Visits by siblings who would like to see the minors is no longer being considered!
- Financial payments for the minors has ceased!
Texas family law is consistently developing and adjusting; this involves dedication from Local Child Visitation For Grandparents Legal Services in Bryan Texas to remain current on these enhancements that could influence their clients in one way or some other. This is the motivation given by the Foreman Family Law practice.
There are lots of Local Child Visitation For Grandparents Legal Services who work in Bryan Texas, handling many different kinds of family law complications. Why exactly should you choose Foreman Family Law to become your lawyer?
- We can handle your problems with the care and concern they need!
- Our practice is located here in the Brazos Valley to help local clients!
- We have been helping family law clients for over 15 years!
When you require assistance with any kind of family law challenges, call the focused team with Foreman Family Law to be your Local Child Visitation For Grandparents Legal Services in Bryan Texas!
If You Ever Need Local Child Visitation For Grandparents Legal Services In Bryan Texas
Depend Upon The Expertise of Foreman Family Law!
Call 979-300-8356!
Child Custody FAQs
How is child custody determined in Texas?
Custody arrangements in Texas are determined based on the best interests of the child. This is dependent upon many factors, including:
- How much time each parent spends with the child.
- Which parent provides most of the daily household needs for the child.
- Which parent has done most of these things over an extended period.
- Whether a parent lives with anyone who is harmful to the child.
- The stability of each parent's life, including housing and work situation.
- Whether a parent has a history of violence or drug or alcohol abuse that would endanger the child.
The court must always focus on what is in the best interest of the child. In deciding what is best for a child, the court will look at many different things. No one thing controls, and you should keep this in mind as you prepare your case.
In some cases, judges have found that it is not in a child's best interest to simply split time between parents. In these cases, the judge may order one parent to have more time with the child than the other, depending on what is best for that particular family.
You should note that not all of these factors are always considered in every case. However, some of them are always considered, while others may be considered - or not - depending on the individual facts involved in your case. You should discuss with your attorney what factors are likely to be considered in your case, what other factors might apply, and how this could affect the outcome.
You should also note that not all cases involving custody of children are decided by a judge. If you both agree on the terms of the agreement for child custody, then there will be no need for a trial and the judge will not have to decide these issues. However, an agreement reached between both parties does not necessarily mean that the judge has to approve it. It is still very important for each party to know what they are agreeing to when talking about custody of their children in case one or both of them should ever return to court seeking enforcement of the agreement.
What is joint custody in Texas?
There are two different types of joint custody:
- Joint managing conservatorship.
- Joint possession.
A judge can award either type of joint custody.
With joint managing conservatorship, both parents retain equal authority and responsibility for major decisions regarding the child's welfare. For example, they would each have the right to consent to major medical or psychiatric treatment, and they would each have authority regarding where the child will attend school. This type of joint custody requires both parents to agree before anything happens concerning the children. One parent can't make a decision without negotiating with and getting approval from the other (although sometimes this is done informally).
With joint possession, the children live with both parents but they do not necessarily spend an equal amount of time with each parent. For example, if one parent works outside the home and the other is a stay-at-home mom or dad, it may be that this type of custody arrangement makes sense for all involved. With this type of custody, it is possible that the children may live with one parent for several months and then alternate living with the other parent.
What are some reasons why a party might request sole custody in Texas?
There are many possible reasons why someone might ask for sole custody in Texas. However, most of these reasons can be boiled down to either of two circumstances:
- The other party is unfit.
- The child would be better off in the care of one parent.
Parents who do not get along with each other and who simply cannot communicate about issues concerning their children may ask for custody on this basis. They claim that they are unfit to share joint custody because they cannot communicate with each other. Of course, the court takes into account whether or not they can communicate with their children as well.
For example, sometimes one parent may claim that the other failed to pick up the child on time, and this has caused a disruption in the child's schedule. If there is enough evidence that this failure to communicate has caused a disruption in the child's life, the uncooperative parent may be deemed unfit for joint custody.
The other scenario arises when one party claims that it would be in the best interest of the children to allow only one parent to have custody and control because:
- He or she has been awarded sole custody in a previous case.
- The children have been living with the other party for a long period of time and therefore should not be forced to leave.
In these cases, it's important to note that Texas law requires "substantial, frequent, meaningful and continuing contact" between both parents and their children. This means that one parent cannot be awarded sole custody of the children simply because they happen to have them most of the time. If this were enough, there would not even be an issue about joint custody.
Do courts prefer joint or sole custody in Texas?
Courts in Texas don't "prefer" joint or sole custody in a blanket sense. However, they are required by law to consider what is in the best interest of the children. To determine this, courts will look at many factors including:
- The moral fitness of each parent.
- Whether or not either party has performed acts or made statements showing that he or she cannot be a proper role model for the children.
- The mental and physical health of each parent.
- Education, employment, and living arrangements of each party.
- Each parent's willingness to encourage a close relationship between the child(ren) and the other parent.
- Whether or not either party is acting in ways that are harmful to the children.
- The habitual or continual illegal use of controlled substances by either party, which affects the moral fitness of that parent.
- Whether either party has committed domestic violence in the past five years when it involved the child(ren), whether there are any protective orders issued against that person, and whether he or she has been convicted of any crimes involving violence or family member abuse.
- Any other factor the court deems relevant.
In short, sole custody is awarded when it is in the best interest of the children to reduce conflict and competition between parents. Usually this occurs when one parent has been deemed unfit by a judge (for reasons such as drug abuse, mental illness, child abuse, etc.).
If both parents share custody, does anyone pay child support?
Yes. If both parents share custody, child support will still have to be paid by the non-custodial parent who does not have primary physical custody of the child(ren). This parent is expected to pay a set amount each month or week in order for the other parent to take care of their half of the children's expenses.
How is child support calculated in Texas?
The amount of child support that must be paid is determined by state-specific calculators. These calculators can take into account:
- Each parent's income (including the income of people who live with either parent) and their standard of living before they separated or divorced.
- The age and health of all child(ren) involved.
- Education and childcare costs.
- The amount of overnights each parent has with their child(ren).
- Health insurance costs for the children.
- Child support is usually paid by one parent to the other for a set period of time, as determined by a judge's order or divorce decree.
There are some cases in which a parent may not have to pay child support, such as:
- When the non-custodial parent has been proven unfit or incompetent.
- If both parents agree that there should be no child support and state this agreement and their reasons for it in the divorce decree.
For example, if one parent earns a much higher salary than the other, they might agree to waive child support in exchange for the parent who has custody earning a greater share of marital property.
In these cases, adults can work together and solve issues on their own when possible instead of turning to the courts to resolve everything.
Can a child decide which parents to live with in Texas?
No. Because children are not able to make decisions for themselves, they cannot choose which parent they live with or make other major decisions about their lives. Those kinds of choices are up to the parents who have custody to decide together.
Who ultimately decides which parent the child(ren) will live with in Texas?
For the most part, the parent who has custody of the child(ren) is the one who will make decisions about where the child(ren) lives. The other parent can offer input and suggestions, but he or she does not have to be involved in all major decisions that are made.
The non-custodial parent should keep communication open with their child(ren) and with the parent who has custody to ensure that he/she is able to make as many decisions as possible for their child(ren).
What is a parenting plan and do I need on in Texas?
A parenting plan is a written document that outlines each parent's responsibilities to their child(ren) after the divorce. Every state has its own requirements for what should be included in a parenting plan, but it will usually address issues like where the children will live, which parent will pay for certain expenses, how often the parents see their child(ren), and how major decisions about the child(ren) will be made.
A parenting plan is often created in mediation with a judge's approval, or it can be created by parents if they are able to work together amicably after their divorce. If the parents cannot agree on a parenting plan, then a judge will determine what should be included as part of a court-ordered parenting plan.
Is it possible to legally move with my child(ren) in Texas?
No. A parent who has custody of their child(ren) is not legally allowed to move more than 100 miles away without the other parent's permission, unless they can prove it is in their and their children's best interests to move.
If a parent does choose to move without their child(ren)'s other parent's permission, he or she could be held in contempt of court. If there are no extenuating circumstances surrounding the case, the only way one parent can relocate with the children is if both parents agree to it being included in a parenting plan or if a judge decides that moving is in the children's best interests.
Can child custody be modified in Texas?
Yes. A parent who has custody of his/her child(ren) can file to modify the custody order after certain life events occur, such as:
- A death in the family.
- The non-custodial parent gets a raise.
- The custodian parent's living situation changes.
- Any other event where there is a change in circumstances.
The parent who wants to modify the custody order will need to file a "Motion to Modify Custody" form, which can be obtained from the Texas Courts website.
If you are considering filing for a custody modification, make sure that there has been a significant change in your child(ren)'s life before seeking legal help.