Child Custody

When a child is born the mother and father are assumed to have custody of the child. This is fine when the mother and father are living under the same household and share their lives. When this is not the case, there is often a need to make sure that the custodial rights of both parents and any other adults involved are clearly spelled out.

The legal rights of a parent are referred to as the parental rights. They can also be called a conservatorship and the custody of the child can be called a guardianship. When these rights are not clearly defied and agreed upon, the parents, the guardians and the children will suffer.

Custody agreements are often a part of the divorce settlement between two individuals that are dissolving their marriage. The divorce agreement will discuss the division of the marital assets and will also involve any decisions about the care of the children involved in the divorce. These decisions can include child support and determines who make choices about education, medical care, religious upbringing, and any other activities that a child may be involved in. Without putting these decisions in writing, it is difficult for one parent to have a say in what the other parent does when they have guardianship of the child.

The other part of the child custody agreement will be devoted to who the child lives with, visitation rights for either parent, the types of visitation that are allowed and what will happen in the future as the child grows older.

Family law governs child custody cases. There are many times when the parents are able to work out the care of their child in a fair and equitable way. They are able to communicate about how they should handle the parenting duties of the child even though they have gotten divorced. There are many other times when the care of the children is not so friendly. In these cases the agreement is important to make sure that the child’s welfare is protected. Violating the agreement can be dealt with by the courts when the agreement is in place.

There are other cases where a child is not in a safe environment and another relative will work to gain custody of the child. In these cases a parent may want to give up their parental rights to this relative but will also want an agreement in place so they are still involved in the child’s upbringing.

Family law experts can help a person understand terms that are used including conservatorship, custodial parent, non-custodial parent, and visitation. Parenting plans can be created to keep everyone on the same page for the benefit of the child.

People often have the following types of question:

  • Do I have the right to make medical decisions for my child?
  • Do I have the right to decide where my child lives?
  • Do I have the right to make educational decisions for my child?
  • How do I get custody of my child?
  • Can my child be taken out-of-state?
  • Can the mother decide where my child lives?
  • Do I have the right to see my child?
  • What can I do with my child when they are with me?
  • When can my child stay overnight with me?
  • What does possession and access mean?
  • What does conservatorship mean?
  • Who determines where I pick-up my child?
  • What if the mother says I can see my child?
  • What if the mother won’t follow the custody agreement?
  • Who has the right to custody?
  • Who gets my child on holidays?
  • Do grandparents have rights?
  • What is joint custody in Texas?
  • Who gets joint custody in Texas?
  • What does joint custody mean?
  • What is a custodial parent?
  • Why does a custodial parent get custody?
  • What is sole custody in Texas?
  • What is possessory custody in Texas?
  • What does sole custody mean?
  • What does possessory custody mean?


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