Handbook for Child Custody for the Recently Divorced Parents

2. Handbook for Child Custody for the Recently Divorced Parents

3. When parties to divorce have children, they must work out a parenting plan, discussed with their attorneys, outlining who has custody or visitation of the children and when. If the parents cannot agree to a custody arrangement, then either parent may petition the court for custody. Parents must petition the court which is overseeing their divorce, or if they are unmarried, the family or juvenile court in Fort Worth where the children reside.

4. When determining the home in which to place the child, the court strives to reach a decision in the best interests of the child. A decision in ‘the best interests of the child’ requires considering the wishes of the child's parents, the wishes of the child, and the child's relationship with each of the parents, siblings, other persons who may substantially impact the child's best interests, the child's comfort in his home, school, and community, and the mental and physical health of the involved individuals.

5. Types of Child Custody:

6. Once a parent has petitioned for custody, the court will award either joint custody, which gives custody to both parents, or sole custody, which gives the primary care of the children or decision-making to just one parent, the "custodial parent.“ “There are two primary types of child custody: physical and legal.” Physical Custody: is the actual physical care of the child, including day to day supervision and habitation.

7. Legal Custody: involves decision-making rights, such as regarding the child's education, health, and welfare. When one parent is given primary custody, the other parent (non-custodial) usually gets visitation rights so that they still get time with their children. In most states, joint custody is preferred unless it would be detrimental to the child.

8. Custody Arrangements

9. Parents, in the presence of their respective lawyers, may work out any number of arrangements for both custody and visitation, such as having their children alternating weeks, weekends, split weeks, summers, split holidays, or holidays alternating by odd and even years. Under the advice of the lawyers, parents may also arrange a custody or visitation exchange, which involves the time, place, and manner in which the parents give their children over to each other.

10. This exchange can be before or after school, on weekends, at one parent's house, at a daycare facility, or any number of other times and places. In cases where there is animosity between the parents or previous domestic violence, the court can consider an exchange plan wherein neither parent sees the other.

11. Visitation Rights in Child Custody

12. When a court awards exclusive child custody to one parent, the non-custodial parent maintains the right to see and visit the child, absent extraordinary circumstances. If the court's custody decree fails to mention visitation rights, the law implies the parent's right to visitation. Thus, an express prohibition on visitation must exist within the decree in order to deny parental visitation rights because visitation rights stem from the fact of parenthood. 

13. Modifications:

14. Once a parenting plan is approved and issued as an order by the court, it cannot be changed unless a party requests a modification and supports their motion with evidence of material changed circumstances. Even parents who wish to move to another state or county must petition the court to reevaluate custody and visitation before they can take their children with them.

15. Third Party Rights in Child Custody

16. In some states, the courts may also consider the interests of third parties, such as siblings or grandparents, in having custody or visitation of a child. If the child has been abandoned by its parents, another adult may petition the court for custody. If siblings, grandparents or other interest parties desire visitation, they must also petition the court, which may award visitation rights if the court deems it to be in the child's best interests.

17. Parents may have numerous resources at their disposal, including psychotherapy, counseling, consultation, mediation and other forms of conflict resolution. When parents agree to a child custody arrangement on their own - as they do in the overwhelming majority (90%) of cases, there may be no dispute for the court to decide. However, if parties are unable to reach such an agreement, the court must intervene in order to allocate decision making, caretaking and access, typically applying a ‘best interests of the child’ standard in determining this restructuring of rights and responsibilities.

18. To remember: If the children spends substantial time with you, and you wish to take the child/children with you, you must prove it’s in the best interest of the children to go with you. If you have primary custody and the alternate parent is not spending substantial amount of time with the children, the court will normally let the children go with you if you have proof that you are moving for a substantial reason. If you have recently been divorced, and have children, it’s best to consult an attorney to represent you in the case of child custody and matters of child support.

19. Contact Us Get in Touch With The Best Team of Child Custody Lawyers Based in Fort Worth www.fortworth-civil-attorney.com The Law Office of J. Kevin Clark P.C.777 Main Street,Suite 600Fort Worth, TX 76102Fax: 817-789-4126