Each and every parent in the state of Texas has the right to decide when and how much time is spent with their biological, step, or adopted children. In the past, the courts gave many favorable rulings to the mother of the children, but there is no presumption any longer. Nowadays when parents divorce and split into two separate households, it is likely that one parent may have a majority of time with the children.
Our state law requires the courts to consider the best interests of the child or children when determining which parent should get custody. It is not advantageous for either parent to be given an instant advantage or preference based on gender. In many cases, the court will view a shared custody arrangement as the ideal solution whenever allowable. This is because they are beginning to recognize that active involvement from both parents can be what is best for the children. In addition, the court can also choose to rule on which parent is the most likely to nurture a healthy co-parenting relationship with the other parent. All of this criteria along with the health, safety, and all around well being of the child will assist the court in making a ruling on a decision that protects the child’s interests.
The courts may rule to give one parent majority custody over another, but this does not conclude the proceedings. The parent with lesser time in custody in most cases is still entitled to some form of visitation. In the past, the norm was every other weekend, but that is changing as well. The parents can now agree to a visitation schedule and finalize it in court. If the parents cannot agree on visitation and the court must decide the matter, they will generally go with what is in the best interest of the children. Once a schedule has been determined, other factors can arise to influence it. These can include but are not limited to:
- Loss of career
- Loss of income
- Relocation of one parent
- Military deployment of a parent
- Natural disaster
- Illness in a parent
Other Issues in Child Custody & Visitation
In these and similar cases, it is important to revisit child visitation and even child custody. When issues do arise. a parent may decide it is necessary for a different arrangement and may consult an attorney for confirmation. For example, if one parent feels the children are not being properly cared for at home or during visits, disagreements can arise. Conflict can also arise when the children are kept for more than the agreed time, are subject to the company of improper visitors to the home, or even in the case of grandparent visitation.
Beaumont Child Custody & Visitation Lawyer
If you live in Beaumont or the surrounding area and are concerned about custody and visitation contact our law firm today.