In most cases, mediation is a much better option for determining child custody arrangements than a drawn-out court battle, it can: result in a faster resolution; encourages communication between both parties; and be much cheaper than having the courts settle your custody … [Read more...]
What does the court consider in deciding if grandparents should have custody or visitation rights?
In Texas, grandparents may have the right to possession and access to the child, or even the right to physical custody (managing conservatorship), which entails primary residence and/or ability to make decisions regarding the child’s life. This will depend on the circumstances and what the court … [Read more...]
Does the court consider criminal charges when awarding custody?
When determining custody of a child, the courts will look at a criminal record. This also pertains to criminal convictions. Additionally, a new partner’s criminal record will come under scrutiny if your child often interacts with the new partner. Under Texas Family Code Section 153.002, the … [Read more...]
How do we decide who gets our children on certain holidays?
The parents may make decisions regarding who gets the children on certain holidays, or state laws may apply. Of course, it’s best if parents can come to a mutual agreement. In fact, it should be the goal (as much as possible) to work together on any issue surrounding the children. How the Standard … [Read more...]
What are mothers’ rights in child custody?
Mothers’ rights in child custody do not automatically grant her care of a nursing infant. When determining custody, judges will look at a whole panel of factors, and whether or not the infant is breastfeeding is only one of the factors that will be taken into consideration. What Texas Laws Say … [Read more...]
How is custody determined if the parents divorce while the mother is pregnant?
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...]
Will the court allow me to change my child’s last name to mine?
There is a possibility that the Plano courts might grant a request to change your child’s last name to yours, but only if they think it’s in the best interest of the child. You’ll need to speak with an attorney to discuss how to best present your case and to file a petition. Divorce Laws Regarding … [Read more...]
What are the common grounds for divorce in Texas?
The most common grounds for divorce in Texas is what’s referred to as “insupportability.” Texas is a no-fault state, meaning that spouses don’t necessary have to have a reason for filling for divorce other than the fact they think the marriage can’t be saved. If your personalities aren’t … [Read more...]
Can a child custody order be changed by going to court in another state?
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...]
What does “reasonable visitation” mean?
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...]
