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Category Archives: Child Custody
If you are a father living in Texas, and you have possession of your children pursuant to a standard possession order, June brings great news: extra time to spend with your kids!
How does this work? A standard possession order grants visitation on the first, third and fifth weekend of every month. The last weekend in May, May 31-June 2, is considered the 5th weekend of May. Therefore, the first weekend in June is June 7th- June 9th. That means you will have possession of your children two weekends in a row, during the fifth weekend of May and the first weekend of June. Continue reading
Parental Alienation Syndrome (PAS) is the deliberate attempt by a parent to destroy the relationship between their children and the other parent. The alienating parent’s goal is to destroy the children’s bond with the other parent and establish themself as “the best parent.”
Parental Alienation Syndrome does not occur over night. It is a systematic process which ultimately results in the destruction of a child’s relationship with the other parent. PAS is frequently observed in hotly contested child custody cases and it is important that parents and attorneys are vigilant as to the symptoms of PAS. Continue reading
An Acknowledgment of Paternity (AOP for short) is a legal document, filed with the Bureau of Vital Statistics, which establishes a man as the legal father to a child. The AOP can be obtained at the hospital where the child is born, the father’s name can be added to the birth certificate and the hospital will send the AOP to be filed with the state. The AOP can be signed and sent off later, but it is most convenient to be completed at the hospital when the baby is born. Continue reading
If you and your ex reside within 100 miles of one another, the non-custodial parent can possess the children for a period of thirty days during the summer. The default dates for this period of possession are July 1 – July 31 but if the parent desires a different schedule, they must give the other parent written notice by April 1 prior to summer how and when they desire to schedule their allotted thirty days.
If you and your ex reside more than 100 miles away from each other, the non-custodial parent may have visitation with the children for a period of forty-two days during the summer. Continue reading
There is no clear cut answer to this question. A judge must look at the best interests of a child when making a child custody determination. The existence of adultery may affect a judge’s decision regarding child custody but absent a strong case the adultery has had a negative impact on the child, it will likely have little impact. It is up to the individual judge to examine the facts and circumstances of an alleged affair to decide if it will have any impact on child custody.
Judges are more willing to consider the existence of adultery when one of the parents has engaged in the affair in front of the children. A divorce can be a difficult and confusing time for children. Continue reading
A common misconception in the arena of Texas family law is that conservatorship and custody are the same thing. In the state of Texas, conservatorship is the designation as to which parent has the right to make certain decisions and exercise certain duties.
A parent designated as sole managing conservator has all exclusive rights regarding Continue reading
This is a difficult position for both parties involved. As the custodial parent, it’s your responsibility to foster a relationship between your child and their father, even if your relationship with their father is strained. But as you surely know, it can be difficult to convince a teenager to do anything they do not want to do. But it will be you, the parent, who faces repercussions for your child’s refusal to visit with their father. Continue reading
Under Section 153.001, the Texas Family Code sets out that it is the public policy of the State of Texas to:
(1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child;
(2) provide a safe, stable, and nonviolent environment for the child; and
(3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. Continue reading
If you and the other parent of your child are in agreement to change your current custody arrangement due to your child’s preference, you can do a simple agreed modification which will involve minimal court involvement. Continue reading
Under the Texas Family Code, the right to receive child support and the right to visitation are two independent rights that do not have any weight on the other right. The ability to visit with your children is not dependent on your ability to pay child support. The obligation to pay child support does not disappear if the responsible parent is denied visitation or chooses to no longer possess the child during their periods of visitation.