The Factors Judges Consider In Child Custody Decisions The child's age and health. The age and health of the child's parents. Whether there are any special needs involved – again, with either the child or their parents. The home environment of each parent.
The length of time a custody case takes depends entirely on whether the parents can reach an agreement, and how quickly that occurs. An uncontested custody case could take only a couple of months or less. However, the process can take over a year if it's contested.
When deciding child custody cases, Texas courts prioritize the best interests of the child. Several factors influence this determination, including the emotional and physical needs of the child, the parents' abilities to provide a suitable environment, stability of the home, and the child's desires.
The questions asked by the judge will vary depending on the age and maturity level of the child, but often focus on the child's living situation, routines, and relationships with both parents.
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.
Dads Have a Better Shot at 50-50 Custody Today
While it's less likely with very young children, where the courts still tend to grant custody to the mom, it's different with older children. Today, when older children are involved, dads have a real shot at 50-50,” Abby says.
Child's Preference
Upon request by one of the parties in a custody suit, Texas law requires the court to interview a child who is at least twelve years old about their wishes about custody.
In a Rule 11 agreement, you and the other parent can agree about things such as how medical, psychological, and educational decisions are made. This also includes determining where your child will live and which parent will be considered the custodial parent. See Texas Family Code chapter 153.
So, here's your answer! In Texas, children do NOT have a right to refuse visitation until the age of 18. So, if your 10-year-old doesn't want to visit dad or mom, that's a decision he or she doesn't have the right to make. There are many reasons a child won't want to visit mom or dad in a shared custody situation.
The Factors Judges Consider In Child Custody Decisions
The child's age and health. The age and health of the child's parents. Whether there are any special needs involved – again, with either the child or their parents. The home environment of each parent.
While it is possible for one parent to win full custody of the children after a divorce, it is usually an uphill climb, legally. Texas courts begin every custody case with the presumption that it's always better for the divorced parents to share custody in a joint managing conservatorship.
Mothers' Rights in Texas Child Custody. Mothers have substantial rights to child custody, regardless of whether they are married to the father or not. In fact, mothers in many ways have more rights than fathers—at least initially.
There are three different child custody or conservatorship options that will be considered by the Texas family court: joint, sole, and third party custody. In most cases, parents are awarded joint conservatorship unless there is a specific reason that it should not be done.
Custody laws in Texas mean that unmarried mothers always have both full physical custody and full legal custody of their child automatically. Custody in the legal sense means that you have the right to make all major decisions in your child's life.
Full Custody As A Father
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. Of course, if the child's mother has abandoned him or her, getting custody would be simple.
2-2-3 Custody Schedule
Other parents choose to have a 2/2/3 custody schedule, where one parent has possession on Monday and Tuesday (2 days), the other parent has possession Wednesday and Thursday (2 days), and they alternate weekend visitations for Friday, Saturday, and Sunday (3 days).
When a child is born to an unmarried couple, the father has no legal rights unless he establishes them, even if the mother names him as the father. With more than 40% of Texas children born to unmarried parents, they do not have a “father” until the man's parental rights are established.
When Can a Child Choose Which Parent They Want to Live With? Only when a child reaches the age of 18 do they have the power to decide which parent they want to live with. Minors are not allowed to choose their primary residence or parent visitation rights. Once a child reaches 18, they can refuse to see a parent.
According to Texas law, if you are paying child support for one child, you'll need to pay 20% of your net monthly income. If you have two children, you are paying 25% of your net monthly income, three children are 30%, four children are 35%, and so on.
Right of access to medical, dental, psychological, and educational records of the child. Right to consult with a physician, dentist, or psychologist of the child. Right to consult with school officials concerning the child's welfare and educational status, including school activities. Right to attend school activities.
As discussed earlier, $3,500 to $34,000 is a wide range for child custody costs with many variables. This number is not just the cost of your attorney's legal fees. The ultimate number will likely be a composite of: Attorney fees.
Historically, women have always had the upper hand in being awarded child custody. Statistics show that women win child custody rights a staggering 90% of the time , even though fathers play an important role in their children's lives pre and post-divorce.
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.