In your heart, you know you want custody of your children. But what you may not know is what you need to do to make that desire a reality. Child custody is a topic that may make your emotions run especially high. Negotiations and battles over your children may get overwhelming if you are not ready.
No matter how you look at it, divorce is not a fun event to go through. It is hard on the parents, the kids and even the pets. Switching from one home to two is often difficult for children, and they may have a serious adjustment period. As their parents, you want what is best for them, but the reality is that they are going to be splitting their time between two homes. To make it a little easier on them to accept their new normal, there are a few tips to help them adjust.
When it comes to divorce, the ugliest part is often establishing custody of minor children. Custody battles not only do harm to the children, but they can harm to the parents as well. If you are angry with how your ex-spouse is handling this issue and frustrated with the time it takes for the court to order a resolution, you may be tempted to take matters into your own hands. This is a bad idea as there are three general ways you can commit a child custody crime in Texas, as outlined in the state's penal code.
Going through a divorce can be enough trouble without having to worry about issues like the jurisdiction of your child custody hearings. That's why it is important for parents to know their rights when they discover their ex-spouse plans to move out of state. The first step in that process is understanding how multi-state parenting agreements work and when they become necessary.
Child custody orders are (usually) a paragon of compromise. The court tries to act in the best interests of the child, and that (usually) means including both parents in the custody arrangement. Unfortunately, compromise is another word for "everyone is unhappy settlement." Sometimes that unhappiness can lead parents down unwise paths.
In short, no, you should not take retaliatory action to make your point during a dispute. The courts universally take a dim view of parents that stop child support payments as a bargaining chip in a custody dispute. From a legal standpoint, child support and custody arrangements are standalone legal issues. In fact, courts can and do order child support while forbidding visitation; it is rare, but it can happen.
Because the Texas Family Code allows for no-fault divorce, many Texans who are considering filing for divorce believe that fault won't make a difference in their divorce proceedings. This is not true. Because no-fault divorces are allowed in Texas, a spouse cannot prevent a divorce decree by forcing the filing spouse to prove fault. However, proving fault can have a significant effect on several important elements of a divorce settlement.
Divorce marks the end of a partnership that both parties hoped would last a lifetime. The plans of a happy family with children fade into disputes regarding custody (conservatorship), possession, access and support.
Interstate child custody disputes are slightly more complicated than the typical intrastate dispute. Interstate custodial disputes involve issues with constitutional law, custodial law and recognition of lawsuits by other state courts. This post will review the various legal issues surrounding interstate child custody disputes.
The court is bound to determine all child custody arrangements under what would be in the best interests of the child. This standard permits the court to examine every piece of evidence that is relevant to the interests of the child. The best interests include spiritual, emotional, intellectual, and physical well-being. This standard all but requires the court to consider domestic violence charges and restraining orders.