Child custody is often a highly emotional issue. Texas law requires that the judge consider the child’s wishes, assuming they are old enough to express them.
Having strong testimony from witnesses and a thorough parenting plan proposal can help you demonstrate that you deserve sole or joint custody. The court will study all factors and determine the best for your child.
The Best Interests of the Child
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Courts across the United States, including those in Texas, have a well-established “best interests of the child” standard. This legal standard dictates that the court’s primary concern should be a child’s overall health, safety, and welfare when deciding custody and visitation arrangements. The child custody laws in Texas for fathers allow them to have an equal opportunity to persuade the judge in a divorce case that they should be designated as the child’s primary conservator. They are starting from the same position. It implies that the court will consider a father’s ability to give his kids a secure and stable home when he applies for custody. It also means that a judge will want to see evidence of this, such as a strong bond between the father and the children, consistency with daily routines (i.e., bedtime rituals, mealtimes, and extracurricular activities), and active participation in school events, doctor’s appointments, and other important family matters.
While it may be tempting to focus on the other parent and the things they do wrong, unless you have rock-solid evidence that they are unable or unwilling to care for your child, you will not get full custody. By working with a caring, communicative legal professional and gathering relevant evidence, you can position yourself to secure the best possible outcome in your case.
Joint Custody
In most cases, the courts favor joint custody arrangements because they believe children benefit from close ties to both parents. However, if the court determines that one parent is unfit to provide a safe and stable environment for the child, they may rule against joint custody. It could happen if a parent has a history of domestic violence or substance abuse.
In joint custody arrangements, both parents share decision-making authority, and a parenting schedule is set up so that each parent has significant periods of possession of the child regularly. It is also known as shared parenting or shared physical custody.
A father must understand that joint custody does not necessarily mean they will get 50/50 time with the child. The amount of time parents spend with their children depends on several variables, including the age of the children, the distance between their residences, the capacity of each parent to care for the child, and other factors. Finding what’s best for the child can be aided by an experienced family law lawyer.
Visitation Rights
The other significant distinction between custody and visitation is that a parent with primary custody (managing conservatorship) retains decision-making rights. However, a parent who does not have custody will still be given standard visitation rights under the terms of the court’s order. In Texas, the court will usually grant parents a joint possession and access (“visitation”) schedule that includes a couple of hours every Thursday night, the first, third, and fifth weekends of each month, weeknight visits during the school year, extended summer visitation, and shared holidays. The noncustodial parent can also choose to create his or her schedule for parenting time and access, assuming that it is deemed reasonable by the court. Unlike child support, a parental visitation arrangement does not affect the calculation of a parent’s child support obligations. It is recommended that parents collaborate to develop a parenting strategy that fosters a positive relationship with their kids. In some cases, family violence may prevent a parent from exercising their visitation rights. If a child’s parent denies a parent court-ordered time with the child, that parent should keep detailed records of the denial and seek legal enforcement guidance.
Sole Custody
While the courts generally prefer that both parents be involved in a child’s life, there are some circumstances where one parent should have sole custody of the children. Assume that the child’s other parent has a history of violence against women, drug or alcohol abuse, neglect, or criminal activity. In that case, removing them from the home may be in their best interests. Similarly, if one parent travels a lot for work or lives in a different country or state, sole legal custody might be the appropriate arrangement. To secure sole custody, you must demonstrate that doing so is in your child’s best interests.
In most cases, this will require a high standard of proof known as “clear and convincing evidence.” Your child custody attorney can help you compile the information needed to meet this burden of proof. Additionally, if your child has a clear preference for you, this can also favor you when seeking full custody. However, the court will still consider parental manipulation or pressure influencing a child’s decision.
Child Support
In Texas, it is the legal responsibility of both parents to support their children financially. Child support is often a hotly contested issue in divorce and custody cases. Many must learn how much money they may need to pay or how long their child support payments will last. The court establishes a child support amount by holding a hearing with a judge called a “Support Magistrate.” It is where both parties testify concerning their income levels and expenses. The magistrate will then use a specific formula to calculate how much child support is owed. Typically, child support covers basic needs such as food, clothing, and shelter. It also helps offset other costs such as mortgages, rent, and utilities.
In addition, a parent can be ordered to pay for health insurance for the child or children. Child support can also help pay for education-related expenses like tuition or 529 plans and extracurricular activities such as music lessons, sports, ballet, and summer camps. Parents are open in how they spend their child support payments, but the funds are usually commingled, and it can be challenging to keep track of expenditures.