Can Children Decide Where They Live?
Texas law prohibits a child from choosing which parent he or she will live with after a divorce. But a child’s preference is important — to the parents, to the court, and most of all, to the child. At the quiet center of any divorce storm reside children. Pulled this way and that, children receive… Read More »
How Do Rule 11 Agreements Apply to Divorce or Child Issues?
When couples have disputed issues during divorce or any other type of legal case they must resolve them or have the court decide for them. Hearing about a Rule 11 agreement is common during divorce, whether a comment made by a judge, your own lawyer, your spouse’s attorney or seeing it referenced in a court… Read More »
What Are Grandparents’ Visitation Rights under Texas Law?
Overall, Texas law gives parents priority when it comes to custody of their children. Parents also have the right to determine who has visitation with their children and to what extent. Other parties can have visitation as long as the parents agree. So when everyone agrees, parents and grandparents, there are no issues. When conflicts… Read More »
Alternative Dispute Resolution for Custody Disputes
Child custody is often a contested issue during divorce. When parents fight over who gets custody or terms of custody, courts can motion to use alternative dispute resolution procedures. A spouse can also enter a motion for alternative dispute resolution (ADR). Texas courts give special consideration to parent-child relationships and encourage amicable dispute resolutions. ADR… Read More »
How the Courts View Custody in Relation to Email and Electronic Communications
Electronic devices such as smart phones, notebooks, and laptops that provide email, texting, and web cam capabilities have changed the way families communicate in a fast-paced world. Wireless technology has opened up communication channels between divorced parents and their children. While Texas courts encourage parental contact for child development, they also realized a need to… Read More »
How Domestic Violence History Affects Child Custody Rights
In addition to limiting a parent’s custody rights through supervised or limited visitation, a background of domestic violence can also result in other restrictions on the parent. To be allowed access to the child, the parent may have to comply with a court order under the Texas Family Code that limits the parent in the… Read More »
What is a Custody Evaluation?
When parents continue to disagree about custody after mediation or other attempts to resolve their issues outside of court, the court may order a custody evaluation. A custody evaluator is generally a psychologist who evaluates the child and family members. Based on the evaluation, the evaluator recommends a visitation or parenting plan that is in… Read More »
Legal Terms Used in Texas Divorce Cases
The Texas Family Code uses different legal terms to describe custody roles and functions, which can be confusing for people who are used to hearing words like custody, custodian, visitation, and other familiar divorce terms. For example, under the Texas Family Code, a conservator is a custodian—usually a parent who has responsibilities and duties to… Read More »
When Can a Child Custody Arrangement be Modified?
In most family law disputes relating to children, courts in Texas place primary importance on the well-being of the child involved. In making its initial child custody determination, a Texas court constructs a child custody and visitation plan that appears to be in the best interests of the child. In order to establish stability and… Read More »