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You are here: Home / Archives for Family Law / Child Custody FAQ

Child Custody - Frequently Asked Questions

How is custody determined if the parents divorce while the mother is pregnant?

January 17, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

If the mother is pregnant when a couple decides to divorce in Plano, the court may not grant custody right away. In fact, the court may encourage parents to wait until the child has been born before seeking a divorce and/or finalizing a divorce. How does pregnancy impact a divorce case? Once a … [Read more...]

FAQ Category: Child Custody FAQ

Can a child custody order be changed by going to court in another state?

June 6, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

People in a court house, the judge is sitting in the middle and everyone else in the court room is standing

Proper legal channels must be used to change a child custody order. The out-of-state non-custodial parent cannot simply change an order by filing for custody in his/her home state. Laws exist that aim to prevent cases of parental kidnapping and promote orderly handling of interstate custody … [Read more...]

FAQ Category: Child Custody FAQ

What does “reasonable visitation” mean?

May 1, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

A dad holding his daughter on his shoulders and the two are smiling and having fun

Visitation rights for non-custodial parents may be complicated if a judge orders a ‘reasonable visitation’ schedule in a Texaschild custody case. This generally means that the court requires the parents to work out a schedule that is in the child’s best interests, is fair to both parents, and allows … [Read more...]

FAQ Category: Child Custody FAQ, Divorce

Will adultery affect a child custody decision?

March 21, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

A woman looking at her husbands phone and looks angry while she shows the husband

Adultery leading to divorce in Texas may affect a Texas child custody case. In a child custody case, the court’s responsibility is to do what is in the best interest of the child by looking at both parents’:  character; financial viability; and living situation to determine a safe and … [Read more...]

FAQ Category: Child Custody FAQ, Divorce

Who gets the tax deduction for children after divorce?

February 26, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

A drawing of scissors cutting the word tax on a blackboard

A tax deduction for children typically is available only to the custodial parent, who may claim the child as a dependent. But there are a few exceptions to this rule that may allow non-custodial parents to claim child tax deductions. Possible Tax Deductions for Children  Having a dependent child … [Read more...]

FAQ Category: Child Custody FAQ, Divorce

Are their unique issues in a same-sex custody case?

February 11, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

Two married men sitting on the ground with their son and daughter

In a same-sex custody case, non-biological parents may face problems regarding their status as the child’s legal parent. If the non-biological parent did not adopt the child, then legally this may affect his or her status as the child’s parent and could be detrimental to any push to obtain custody … [Read more...]

FAQ Category: Child Custody FAQ, Divorce

Can someone other than parents have child custody?

January 31, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

Two grandparents sitting on the couch with their grandson and granddaughter and they are all laughing

Child custody rights may be given to someone other than the parents in some cases. In Texas, it is always preferable that a parent has legal or physical custody, but there may be exceptions. If this may be applicable to your case, discuss the issue and laws pertaining to your case in Richardson with … [Read more...]

FAQ Category: Child Custody FAQ

Does custody always go to just one parent?

December 13, 2012
Written by Christopher Migliaccio | Last updated on January 27, 2020

No. When the courts begin the process of selecting custodial parents, numerous factors are taken into consideration and oftentimes, what’s known as “joint custody” is granted so that both parents have custody. Texas child custody laws stipulate joint custody (also referred to as shared or split … [Read more...]

FAQ Category: Child Custody FAQ

If I don’t like an existing custody arrangement, can I file for custody in another state?

October 31, 2012
Written by Christopher Migliaccio | Last updated on August 21, 2017

If you are confused about child custody, such as issues pertaining to moving out of state, speak to a Plano child custody attorney for clarification. For instance, if you hope to change an existing custody arrangement, you cannot simply file for custody in another state in hopes of getting your … [Read more...]

FAQ Category: Child Custody FAQ

What factors do courts consider when awarding custody?

October 17, 2012
Written by Christopher Migliaccio | Last updated on August 21, 2017

In Texas, family law courts use the best interests of the child as the main guiding principle when awarding primary child custody to a parent. Several factors are examined to determine which parent is better suited to provide a happy and stable environment for the child. To learn more about how to … [Read more...]

FAQ Category: Child Custody FAQ

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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