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...]
Child Custody - Frequently Asked Questions
What does “reasonable visitation” mean?
Visitation rights for non-custodial parents may be complicated if a judge orders a ‘reasonable visitation’ schedule in a Texas child 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 … [Read more...]
Will adultery affect a child custody decision?
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...]
Who gets the tax deduction for children after divorce?
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...]
Are their unique issues in a same-sex custody case?
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...]
Can someone other than parents have child custody?
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...]
What are my child custody rights if my spouse moves out of state?
Your rights for child custody if your spouse moves out of Texas with your children are going to vary depending upon your marital status and your custody agreement. If your spouse moves without your permission and you’re still married and have no formal custody or separation agreement in place, … [Read more...]
How long does spousal support or alimony last?
Under Texas spousal support laws, how long your alimony will last depends on the length of the marriage and the ability of the spouse awarded alimony to earn a sufficient income to support his or her minimum reasonable needs. The Impact of Length of Marriage Except in cases where the spouse or … [Read more...]
What is the Federal Parental Kidnapping Prevention Act?
The Federal Parental Kidnapping Prevention Act (PKPA) was enacted by the United States Congress in 1980 in an attempt to mitigate pervasive problems within interstate child custody laws and to deal with the concerns surrounding parental kidnapping. Parental kidnapping has been classified as a type … [Read more...]
What is a Guardian ad litem in child custody case?
A guardian ad litem in Texas is appointed by a judge in some family law cases to act as an advocate for children to suggest what he or she believes is in the best interest of the child in question. Texas child custody laws and child support case law usually involve a guardian ad litem because of the … [Read more...]
