If you’re facing the challenging situation of a divorce in Texas and it involves children, it’s important to remember that you’re not alone. Seeking the guidance of a compassionate divorce and child custody attorney can make a significant difference. Additionally, taking the time to familiarize yourself with the relevant Texas laws can empower you to navigate this process with greater confidence and understanding. Allow me to provide you with some valuable information.
Child Custody in Texas Divorces
In the case of marital dissolution, an integral aspect that demands resolution pertains to child custody. Under Texan jurisdiction, it is presumed that both parents ought to be designated as “joint managing conservators” of their offspring. This designation entails shared decision-making responsibilities concerning various facets of the children’s lives, encompassing educational choices, medical care, and related matters. Nevertheless, the court reserves the prerogative to grant sole managing conservatorship to one parent should such an arrangement be deemed most favorable to the children’s overall welfare.
Types of Child Custody in Texas
There are two types of child custody in Texas: physical custody and legal custody.
- Physical custody denotes the possession and access of the children, wherein the court may designate one parent as the sole custodian responsible for determining the residence of the children while granting the other parent visitation rights. This outcome is commonly observed in custody cases.
- Legal custody, on the other hand, pertains to the authority to make decisions regarding the upbringing of the children. The court may grant sole legal custody to one parent or opt for joint legal custody, wherein both parents have the authority to make decisions about the children’s upbringing. However, in certain matters, one parent may be given the final decision-making authority. If you are currently undergoing a divorce or contemplating one, it is highly recommended to seek the assistance of a proficient attorney who can guide you through the proceedings and help you explore the available options.
Factors Considered by the Court
The court will consider a number of factors when determining child custody, including:
- The wishes of the children, if they are old enough to express a preference, if a child is 12 years of age or older the court must consider the preference of the child, but the court is not obliged to follow it.
- The parents’ parenting skills.
- The parents’ financial resources.
- The stability of the parents’ homes.
- The history of domestic violence or child abuse.
- The children’s needs, including their physical and emotional needs.
- The parents’ ability to communicate with each other.
- The parents’ willingness to cooperate in raising the children.
Physical Custody
In the majority of cases, the children will primarily reside with one parent, while the other parent will be granted visitation rights. The court may restrict visitation with the non-custodial parent if it is deemed beneficial for the children’s well-being. Typically, courts endeavor to mitigate the disruption caused by divorce to the children’s established routines.
Joint Legal Custody
In cases of joint legal custody, both parents shall possess the authority to exercise decision-making powers pertaining to the upbringing of their children. Nevertheless, it is possible for one parent to hold ultimate decision-making authority in specific matters, such as the selection of educational institutions or other pertinent educational determinations. A comprehensive understanding of the various decisions that may arise in a child custody arrangement can be obtained through consultation with a proficient child custody attorney, who shall provide insightful responses and engage in detailed discussions on this subject matter.
Sole Legal Custody
In the context of sole legal custody, one parent assumes primary authority in making decisions regarding the upbringing of the children. Although the non-custodial parent may have limited input in the decision-making process, the ultimate decision-making power rests solely with one parent.
Child Support
Typically, one parent assumes the role of the primary custodian, while the other parent is granted scheduled visitation rights. The noncustodial parent, as mandated by the family court, is usually responsible for making child support payments. The calculation of child support follows a formula outlined by the Texas legislature. Should you require an estimate tailored to your specific circumstances, it is advisable to consult with a knowledgeable child support attorney.
Modifications to child custody orders can be pursued if there is a significant and noteworthy alteration in circumstances. For instance, if a parent relocates to a different city, the court may need to reassess its previous ruling. It is essential to exercise caution before pursuing an unmerited modification order, as filing for such can carry severe repercussions. Seeking guidance from an attorney well-versed in family law modifications is a prudent course of action.
To initiate a modification in a child custody order, a petition must be filed with the court. Subsequently, a hearing will be conducted to assess the proposed modification’s alignment with the children’s best interests and to evaluate the presence of substantial and material changes in circumstances.
Conclusion
Determining child custody is a multifaceted matter, with no universal remedy. To establish the optimal child custody arrangement for your family, it is strongly advised to consult a proficient family law attorney.
Additional Information
- The Texas Family Code provides more information about child custody in Texas.
- The National Child Traumatic Stress Network provides resources for parents who are concerned about the impact of divorce on their children.
The Impact of Divorce on Children
Divorce can present challenging and distressing circumstances for children. They may encounter a broad spectrum of emotions, such as sorrow, anger, perplexity, and culpability. Furthermore, they may harbor concerns regarding their future and apprehensions about the potential consequences of the divorce on their relationships with their parents.
The impact of divorce on children can fluctuate, contingent upon various factors, including the child’s age, the manner in which the divorce is managed by the parents and the child’s inherent capacity for resilience. It is paramount for parents to explore available resources aimed at assisting them and their children in navigating the divorce process. Engaging the services of a proficient family law attorney can prove beneficial in identifying pertinent counseling options and interventions that help mitigate the adverse effects of this process on the family as a whole.
