The main principle that is usually behind the decision of a Texas family court judge in a child custody case is the broad concept of "best interests of the child." This is not a static determination with preset rules but rather it will vary in each child custody case depending on the circumstances presented. The point of the rule is that the court is not determining child custody to satisfy the demands of the parents, but rather to serve the true needs of the children.
Children born as a result of affairs is not a new occurrence. Some parents in Texas who have children born out of wedlock often turn to family law attorney to seek financial support from the other parent. A woman in another state has filed a paternity lawsuit against Major League Baseball star, Miguel Cabrera, requesting more child support than she currently has been given per month.
A divorce throws your entire life into a twist. Imagine how your child feels if you, as an adult, are struggling to handle your divorce. Yes, the divorce is the end of a marriage between you and your spouse, but it's also seemingly and end to your child's idea of a family.
In Texas, the family law court has the power to put someone in jail for failing to pay child support. This is generally accomplished through the contempt powers of the court when a child support order is contemptuously ignored by the parent who owes back child support. Recently, a judge in Corpus Christi ordered the incarceration of A.B. Quintanilla, who is the brother of the deceased singing superstar, Selena.
A significant percentage of child custody and support cases make up the family law landscape in Texas. These cases can occasionally become problematic where the parents do not act responsibly to assure the best interests of the children. Some parents and other family members will take a hardened emotional stance against the other parent in a child custody dispute, thus exacerbating the trauma that the children may have to experience.
Child custody cases in Texas share similar procedural and substantive legal rules with all other states. The recent case of a disgraced former Congressman, including his divorce and child custody problems with his spouse, would likely play out under the same set of principles in this state. The couple's divorce case recently moved toward closure as the defendant husband admitted to criminal behavior involving illegal texting with a minor.
You and your spouse split up five years ago. The judge instructed you to pay child support, while your ex got custody of the kids. You still see them a lot and spend time with them on the weekends, and you're happy to pay to help cover the cost of raising them. For five years, everything went well, and you didn't have any problems.
Texas parents who go through a divorce are often faced with a number of serious decisions when it comes to sharing parenting duties. For some, a drastic change in financial circumstances creates an additional burden of stress, as does the need for custodial parents to find safe and affordable child care. Those tensions often lead a parent to seek an out-of-state move. That is not a simple or easy matter, however, when the other parent wishes to block such a relocation.
In Texas and nationwide, societal and legal norms are changing, and it is now somewhat less likely that a mother will be awarded full physical custody of the children in a divorce case, even if those children are still in their infancy. In the past, the "tender years" doctrine applied to give mothers an edge for child custody with respect to very young children. The aggressive lobbying efforts of fathers in recent decades, along with evolving sociological studies, have brought both parents into more equal footing in such matters.
Many Texas couples will be among others throughout the nation who file for divorce this year. The factors that prompt such decisions vary with each situation. Some people simply say they've grown apart from their spouses, while others may be reacting to a sudden, unexpected incident (such as marital infidelity). The divorce process is seldom easy; in fact, for those who are parents, it may be especially challenging. It's important to know where to turn for help if problems arise concerning child custody, visitation or other aspects of a new parenting plan.