When married or romantic couples separate, they may have a variety of legal issues with which to contend. If they have children together, they are obligated under state law to figure out the custodial arrangements for any kids under the age of 18. The state recognizes children's legal right to know and grow up with both biological parents. As long as neither parent is abusive or dangerous, they in turn have the right to have access to their kids. Judges use this and other criteria to render each Plano TX child custody case assigned to them.
Every order is issued by a judge who presides over the case. The case itself does not necessarily require a court appearance. It can go through attorneys for both sides. However, it does entail the letter of the law, which itself may take into consideration what an older child has to say about the situation. In this instance, the child would be asked for his or her input.
The age limit for this input is typically set at 13 or 14 depending on the overall maturity of the child. If the judge agrees, the son or daughter can say what parent he or she wants to live with and why. It is at this time that the child's testimony goes on court record and may influence the decision.
As objective and mature as the teen may be, he or she may not be able to influence the overall court decision. Judges have to follow the letter of the law, which stipulates that both parents have a right to the kids as long as neither the mom or dad are abusive or exhibit dangerous behavior. One parent is generally given primary custodial rights where the kids live with him or her while the other parent gets visitation or shared rights.
Further, judges must determine who has the safest and most nurturing household for children. It used to be that mothers were automatically deemed the default custodial parent. However, that trend has gone out of style in recent years. More dads are being given guardianship with mothers being granted visitation or shared guardianship.
The parent who earns a good income and maintains a safe and clean house typically makes the best impression in court. The presiding judge may allow the kids to remain with that parent while granting shared custodial rights to the other. The decision is designed to make sure the minor kids are provided for and safe from harm and abuse.
Even if both the mom and dad are granted shared custodial rights, they still must check with each other before traveling with the minor children out of state, out of the country, and even out of the city. Shared custodial arrangements work best when the mom, dad, and kids are all close to each other in the same area. Taking the children out of the area can be viewed as parental kidnapping.
Either parent who breaks the order rendered by the judge could face legal action including jail time and fines. The judges in these child custody cases have the legal duty to make sure children are given access to both parents. The custodial decision can and will be enforced under Texas law.
Every order is issued by a judge who presides over the case. The case itself does not necessarily require a court appearance. It can go through attorneys for both sides. However, it does entail the letter of the law, which itself may take into consideration what an older child has to say about the situation. In this instance, the child would be asked for his or her input.
The age limit for this input is typically set at 13 or 14 depending on the overall maturity of the child. If the judge agrees, the son or daughter can say what parent he or she wants to live with and why. It is at this time that the child's testimony goes on court record and may influence the decision.
As objective and mature as the teen may be, he or she may not be able to influence the overall court decision. Judges have to follow the letter of the law, which stipulates that both parents have a right to the kids as long as neither the mom or dad are abusive or exhibit dangerous behavior. One parent is generally given primary custodial rights where the kids live with him or her while the other parent gets visitation or shared rights.
Further, judges must determine who has the safest and most nurturing household for children. It used to be that mothers were automatically deemed the default custodial parent. However, that trend has gone out of style in recent years. More dads are being given guardianship with mothers being granted visitation or shared guardianship.
The parent who earns a good income and maintains a safe and clean house typically makes the best impression in court. The presiding judge may allow the kids to remain with that parent while granting shared custodial rights to the other. The decision is designed to make sure the minor kids are provided for and safe from harm and abuse.
Even if both the mom and dad are granted shared custodial rights, they still must check with each other before traveling with the minor children out of state, out of the country, and even out of the city. Shared custodial arrangements work best when the mom, dad, and kids are all close to each other in the same area. Taking the children out of the area can be viewed as parental kidnapping.
Either parent who breaks the order rendered by the judge could face legal action including jail time and fines. The judges in these child custody cases have the legal duty to make sure children are given access to both parents. The custodial decision can and will be enforced under Texas law.
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You can find an overview of the advantages you get when you consult a Plano TX child custody attorney at http://www.planofamilylaw.net/Overview/child_custody.html right now.
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