Age and health of the parents (or a non-parent conservator involved in the matter) Special needs of any involved parties. Stability of home environment of the child. Child's relationship with siblings or other family members (and how that would be impacted by the judge's decision)
While 50-50 joint custody is a strong trend, fathers getting full custody can be another matter. But it isn't unheard of for a father in Texas to be awarded full custody of his child or children.
To obtain full custody of your children in Texas, you will need to prove that joint custody would not be in the best interests of the child. Evidence that can be used to prove your position includes the following: Domestic violence. Drug abuse.
There are two major triggers that will almost automatically determine a parent unfit for custody: abuse and neglect. If there is any history of domestic violence, a parent will not get physical custody. Outside of abuse and neglect, courts will look at a few things, including: A history of drugs or alcohol.
A mother's serious neglect that endangers the health, safety, education, or general welfare of the child should cause the mother to lose custody of her child. Neglect that may cause a mother to lose custody of her child includes conduct that jeopardizes necessities. This includes food, shelter, clothing, and education.
If one parent keeps a child away from the other parent when there is not a court order, there is no way to force visitation to happen. Without a court order, neither parent can file an enforcement action. An enforcement action cannot be used to enforce an informal agreement between the parents.
The most common 50/50 possession schedules in Tarrant County, Texas include: Every other week: Child spends one week with mom, one week with dad, repeat. Thursday through Sunday: Parents exchange the child on Thursdays and Sundays, with some choosing to alternate who has weekdays and weekends.
The Answer: 12 Years Old & Over
So, when can a child choose which parent to live with in Texas? The law allows the judge to interview a child that is 12 years of age or older concerning custody.
One frequently-used option is the 4-3 schedule, where the child spends four days a week with one parent and three days with the other. The 2-2-5-5 schedule is also used by many families. The child spends two days with each parent, then five days with each parent. Then the cycle repeats.
Texas courts do not favor mothers over fathers. In Texas, judges base child custody dispute rulings on the best interest of the child or children. However, it is important to understand the law when it comes to courts and the discretion the court has when determining child custody.
The parent who spends the most time with a child is referred to as having "primary custody." In Texas, child custody is described in terms of "conservatorships." A conservatorship involves the ability to make legal decisions for the child including decisions regarding education, health care, and religious training.
You may have heard that it is impossible to have 50/50 custody in Texas or that fathers have no chance of getting equal custody of their kids. This is not true. Texas law explicitly states that courts cannot discriminate based on sex when making a custody decision.
In Texas, courts divide child custody issues into two different categories: conservatorship and possession and access. Conservatorship is basically the rights and duties of the parents (i.e. to make decisions for the child regarding schooling, medical decisions, and psychiatric decisions, among many other things).
Senate Bill 1936, also called the “equal parenting” or “shared parenting bill,” allows the non-custodial parent to possess the child more than 40 percent of the time (Prior to the bill, non-custodial parents had the child only 20 to 24 percent of the time.)
According to the Texas Young Lawyer's Pro Se Divorce Handbook [PDF], a "prove-up" is a short hearing in an uncontested divorce. At the prove-up, "you appear before the judge and give evidence and testimony as to the terms of your divorce."
At What Age Can a Child Refuse Visitation in Texas? In Texas, there is no age under 18 that allows for a child to refuse visitation. Visitation is the right of the parent, and it cannot be taken away by the custodial parent or child. The only option would be for the custodial parent to request a modification of orders.
In Texas, the mother automatically has legal and physical custody of a child when the two parents are unmarried, even if the father's name is on the birth certificate. The mother is granted both legal and physical custody by default when a child is born.
Duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure. Right to consent for the child to medical and dental care not involving an invasive procedure. Right to direct the moral and religious training of the child.
The most common co-parenting 50/50 plans include 2-2-3, 3-4-4-3, 2-2-5-5, and alternating weeks. However, some more uncommon arrangements also exist, like alternating custody every two weeks.
When parents have joint custody, child support is still paid. The court will decide the details of the child support, depending on certain details. Generally, the parent that does not have primary custody of the child, the noncustodial parent, pays the other parent, the custodial parent, child support.
Under a joint custody agreement, neither parent has the exclusive right to move so far away that it disrupts the other party's access to frequent and continuing contact with their child.
The reality is that The Texas family code does not favor women over men regarding custody questions. There are specific provisions in the Texas family code that hold that no preference is to be given by family court judges regarding the agenda or sex of the family law party.
Texas law establishes the rights and responsibilities of all parents. Mothers and fathers have the same rights under the law. This chapter defines the rights and responsibilities of a parent toward their children.
Child Neglect
Failing to provide adequate medical or dental care for a child, which creates a substantial risk of bodily injury, disfigurement, or death. Placing a child in or failing to remove him or her from a situation where the child is exposed to a significant risk of physical, emotional, or mental harm.