Texas Custodial Parent Attorney
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Guardianship Lawyer in Texas
When children are small, they are not capable of making decisions or taking care of themselves. That is why they do not have legal rights, and their parents instead are legally required to care for them until they have reached the age of adulthood, which is 18 in the United States.
When two parents divorce while they still have minor children (kids under the age of 18), one of them becomes the custodial parent. The custodial parent is not the one with physical possession of the children – it is the parent who has the legal rights to make decisions regarding the children including where they will live. In most cases, the custodial parent is also the one that the children will primarily live with.
A Texas custodial parent lawyer can help you retain the rights to your children that need you.
Determining the Custodial Parent
To determine the custodial parent, most courts will consider a variety of factors. These can include the stability of residence, their parenting abilities, and other situations. The primary caregiver – which does not need to be the mother – will usually be the custodial parent.
However, the state of Texas believes that in most cases it is in the best interest of the children for both parents to be involved in their lives and in the decision making process. The custodial parent is usually expected to keep the noncustodial parent informed of things involving the children. That can include their education, medical issues, or any other legal questions. Parents are expected to cooperate for the best interest of their children, even after a divorce.
The custodial parent has many responsibilities to their children. They are expected to make daily decisions regarding the children and to do so with the children’s best interest in mind. They also have the responsibility to maintain the visitation schedule with the other parent and monitor child support payments. The custodial parent should also consult the other parent on significant decisions, even though the custodial parent has the right to the ultimate decision, the other parent is still a parent and has a right to decisions about their child. They can also decide where the child will live and should collaborate with the other parent on major expenses.
A Texas custodial parent lawyer can help determine the exact rights of both parents.
Child Support and Custody
Almost always, the noncustodial parent will be expected to pay child support to the custodial parent and will have the right to visitation with the children. These are two separate and unrelated matters and are both for the best interest of the children.
Child support payments are specifically for the children’s needs and are meant to be used as such. They can be garnished directly from the paying parents’ wages. Visitation cannot be revoked for failure to pay – children benefit from having relationships with both of their parents and visitation is entirely separate from child support.
Having children together means that your ex will forever be in your life. Texas courts like to share custody as much as possible between the two parents, keeping the child’s best interests at heart. Regardless of why you are divorcing your spouse, keep in mind that they will forever be your child’s parent. As the custodial parent, it is your responsibility to keep your child’s best interest at heart.
Determining child custody issues can be one of the most contentious parts of a divorce, and it will impact your child’s future in many years. As a Texas custodial parent attorney, I can help you figure out all of these custody questions and create an agreement that will help your children grow up smoothly with great relationships with both of their parents.
