When two Texas parents turn to a family court to resolve their custody differences, the outcome can be difficult to predict. An example is found in a recent case from another state that centered on different religious beliefs between two parents. Although not normally an issue that the courts would take interest in, this family experienced a far different outcome. Their child custody case went through appeals, and multiple children had to transition back and forth between two homes as a result.
The end of a marriage brings many complicated issues that must be resolved before a divorce can be finalized. For Texas parents, the most important concern involves the well-being of their children and child custody. Although the divorce process is complex and can be emotionally challenging, it is possible to effectively resolve disputes and lay the foundation for a strong and stable future.
It's no secret that child custody disputes can be intensely emotional. After all, many custody battles are unfortunately extensions of personal battles between parents. Because of this, Texas family court judges have the authority to appoint a third party to conduct a custody evaluation and submit recommendations to the court.
If you are embroiled in a dispute over custody and/or parenting time, and you cannot reach an agreement, it is possible that the court may order a custody evaluation. Essentially, this is where an impartial third party will conduct an investigation, gather information about you and your relationships and make recommendations to the judge as to how custody and parenting time should be awarded.
Divorce can be an emotional vortex that sucks the happiness out of you. Additionally, the void of love and joy can affect children. As such, parents who are embroiled in custody and parenting time disputes must recognize that many of the things they do to justify their positions could negatively affect their kids. .
When two parents are attempting to work together in the best interests of their children while undergoing divorce proceedings, the process is already a difficult one. Determining how to share responsibilities and rights while keeping the good of each child at the forefront of decision-making with a partner with whom you no longer want to build a life can be made even more complicated when there is a "special needs" child who must receive love and care from all parties. Child support charts like those typically used to determine parental responsibilities often do not account for the additional expenses and requirements that are involved in caring for a child with special needs. When working through this particularly delicate process, special care must be taken to address the additional complicating factors that may be an ongoing part of the lives of both the child and the parents.
As the use of marijuana for medicinal purposes has literally become mainstream, and three states (Washington, Colorado and Oregon) legalizing recreational use of the drug, marijuana use is likely to become more of an issue in child custody disputes. While it may be legal in some respects or decriminalized to result in a mere citation, the change in how marijuana is viewed may not translate from criminal courts to family courts.
Every divorce is different, but there are some issues common to many marital splits, regardless of who the spouses are and how much money they make.
The general presumption under the law is that parents of children have the right to control access to and the welfare of their offspring, even to grandparents. This is a concept that has the blessing of the U.S. Supreme Court by virtue of a decision made a few years ago.
Parents in Texas who share custody of a child need to be fully aware of how the law works when it comes to what their rights as a conservator are under the law. It is imperative that parents who are embroiled in a dispute with the other parent keep their emotions in check and understand exactly what the law entails to avoid a long, drawn-out legal battle.