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Child Custody Archives

Should you withhold support payments in a custody dispute?

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.

Reclaiming your parenting time as a father: what you can do if your ex won't let you connect with your children

You never thought it would end up this way: after the divorce, you rarely see your kids. You are a father who is frustrated that your ex will not let you visit the kids. You worry how much longer you will have to wait to see them and be involved in their lives. "It's been too long, but maybe next month will be better," you tell yourself. You hope. You wait.

Interstate child custody dispute explained

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.

Domestic violence and its effect on child custody agreements

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.

Women denied custody over children due to criminal history

In an extraordinary case, a judge denied a woman custody over three children fathered by her husband with another woman. The judge cited her past criminal history, specifically the drowning murders of her first three children as evidence of her inability to be an effective parent. This post will review this unusual case.

What stops a parent from changing custody terms in another state?

Parents are unable to do this because the court will dismiss their case before it even gets to the substantive issues. All states, except Massachusetts and Vermont, and the District of Columbia are signatories to the Uniform Child Custody Jurisdiction and Enforcement Act. The UCCJEA is a uniform set of laws that harmonizes the jurisdictional rules regarding child custody agreements.

Is child custody mediation a viable alternative for you?

There are two types of mediation: asset division and child custody. Child custody mediation focuses on setting up a visitation and parenting plan for parents who are getting separated. If you and the other parent agree, mediated child custody disputes could be a faster and cheaper alternative.

How can unmarried fathers gain custodial rights?

Mothers gain maternal rights over their children just by giving birth to them. Likewise, if a man is married to the mother when she gives birth, he is presumed to be the father. In that case, paternity is automatically established. But for unmarried fathers, there are a few extra steps. This post will go over those steps and how you can gain visitation rights.

Conservatorship is determined by a child's best interests

Texas law denotes "child custody" as conservatorship. Parents are not "custodians," they are "conservators." But, like most other states, the court retains ultimate authority over the terms of conservatorship over the child. This article will go over the basics of what conservatorship grants a parent and how it affects your ability to raise your child.

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