Divorce presents many potential issues in need of resolution for the parting spouses. Few matters are of greater importance or present more significant challenges than those related to child custody. Texas divorce attorneys from the Law Office of David Kohm invite you to read the following short blog discussing the child custody challenges splitting partners may face and how an expert child custody attorney can assist you.
Establishing Custody
In many instances, the first child custody issue divorcing parents must resolve is determining who will retain custody of the child or children in question. In accordance with Texas Family Code 153 governing the parent-child relationship following a divorce, parents may remedy said dispute between themselves or have the decision rendered by a court.
The State allows parting couples to establish a parenting plan. Included in this legally-binding document are provisions deciding pertinent issues such as whether the parents will have sole or joint possession (in Texas, custody is referred to as possession), the children’s living arrangements, access (in Texas child visitation is called access) schedules dictating with which parent the children will spend weekends, holidays, special occasions and summer vacations, as well as transportation schedules providing instructions on how a parted couple’s youths will travel to and from school, their parents residences and other places.
Once the terms of the plan are agreed upon by the arrangement’s principles, said individuals sign the document and present it to a court. Should the judicial body deem the agreement’s tenets serve the best interests of the young persons in question, its officials will likely approve it.
When parting spouses cannot agree upon a suitable parenting plan, a court will render decisions related to the aforementioned issues. However, it is important to realize that the court will take several factors into consideration prior to executing any final decision such as:
*Each parent’s income and employment histories
*If either parent possesses a criminal history (especially in relation to child abuse or domestic abuse)
*The stability of each parent’s home environment
*The age of each parent
*The mental and physical health of both parents
*The specific needs of the youths in question
Each person’s circumstances may present different issues. A Texas Divorce Attorney can review each client’s case and help said individual determine if there are other issues a court might need or wish to consider.
Relocation
Another significant child custody issue that might arise following a divorce is that of relocation. Relocation occurs when the possessing parent of the youth(s) in question wishes to leave the area where they live or, in certain instances, move out of Texas altogether. It is important for a possessing parent to realize that it maybe against the law to simply up and move. For instance, if current orders are in place that contain a geographic restriction, then an application to the court may be necessary for the parent to move. There are legal provisions governing the issue that must be followed.
The parent wishing to relocate with their offspring are required to obtain a court order to do so. Additionally, said individuals will be required to notify the other parent and offer the reason(s) as to why the move should be allowed to occur. Typically, a hearing on the matter will be held by a court, which will determine if the move would best serve the children in questions’ best interests. Like possession deliberations, the court will consider numerous different factors before rendering any ultimate relocation decision.
Reaching Out To A Texas Child Custody Attorney
Child custody issues can be emotional and complex matters. Retaining the services of a Texas child custody lawyer might make the process smoother and ensure that said parents enjoy a healthy and meaningful relationship with their children long after their marriage ends. Call our law offices today at any of our convenient locations and receive a free consultation. Locations include:
Call our law offices today at any of our convenient locations and get a free consultation.
Arlington (817) 522-4451
Addison (972) 564-8108
Denton (940) 222-4060
Dallas (972) 362-6848
Garland (214) 572-2251
Fort Worth (817) 764-1375
Cedar Hill (972) 338-9427
McKinney (469) 522-3688
Lewisville (972) 354-4605
Frisco (972) 725-7681
Grapevine (817) 835-8677
Irving (972) 354-4610
Keller (817) 204-0904
Plano (972) 354-4602
You can also contact us online by using our quick contact form.
