A parent seeking child custody has to first establish a clear-cut understanding of the child custody
Child custody is a broad legal terminology referring to the legal relationship between a child and a parent which exist in that individual’s custody, and also that authority which a parent has to make decisions for the physical and financial well-being of his child. The term child custody can be used in two contexts: legally, where one seeks child custody after a divorce, and socially in situations of intra-familial strife. In these two senses, the terminology would imply two different legal situations with the child being the plaintiff and the other parent or guardian as the defendant. However, the reality is that child custody, just like any other legal concept, exists in a wide spectrum of child-centered legal interventions.
This can be done by meeting with the judge and the attorneys involved. In some jurisdictions, the court can issue a written child custody order to both parents indicating the parameters under which the child will be cared for and the obligations of each parent in this process (e.g., regular visitation schedule, child custody evaluation, etc. ). This would be the most convenient and practical way to achieve a court-to-court agreement on child custody.
the lawyer will likely prefer a parenting plan
A judge in a child custody hearing is going to look at all of the relevant factors in the case in order to find a set of child custody orders that are fair to the child, both financially and physically. For example, consider the income of both parents. If one parent is extremely rich and the other is not, the judge will look at how well the parents will spend sharing the resources (e.g., child support, healthcare benefits, etc.) according to their financial circumstances. Furthermore, if the parents have a history of abuse or neglect, or if one of the parents has an alcohol abuse problem, the lawyer will likely prefer a parenting plan which allows for periodic therapy either in the home or with a professional therapist.
Another factor that the judge is going to take into consideration when deciding on the best child custody and visitation schedule is the preference of the child or children involved. In cases of child abduction, it is obviously very detrimental to the child’s interests to have their parents continuously battle in court over their parental child abduction. Therefore, it is very important to make sure that you can establish a parenting plan that establishes a healthy balance between the parents and the children involved. You should include everything from a holiday schedule that you and your spouse take together, to medical visits and school activities.
best option is to consult with a skilled family law attorney
The state of Texas has statutory guidelines which allow judges to use a variety of factors to determine the best interest of the child. Some courts prefer joint physical custody, while others prefer to award sole custody to mothers, or sole physical and legal custody to fathers. However, joint parenting is almost always the preferred method of child custody for the majority of courts. The decision regarding which of the above methods of parentage will be used is ultimately made by the judge based on what is in the best interest of the child.
Last, but not least, you are advised to consult with your lawyer before you begin your child custody arrangements. He or she will be able to advise you on whether or not your divorce is supported by the courts, and if so, how much support is provided. Additionally, your lawyer can provide information on your rights under Texas law, as well as the proper procedures for filing and serving the divorce papers. Your lawyer will be able to answer any questions that you have about child custody laws and can help you through the entire process. If you feel as though your lawyer and court may not be working in your best interest, or if you would like more information about your rights, your best option is to consult with a skilled family law attorney who is experienced in Texas divorce proceedings.