If the mother is pregnant when a couple decides to divorce in Plano, the court may not grant custody right away. In fact, the court may encourage parents to wait until the child has been born before seeking a divorce and/or finalizing a divorce. How does pregnancy impact a divorce case? Once a … [Read more...]
Child Custody - Frequently Asked Questions
In child custody evaluations, can a court order drug testing of the parents?
If the court suspects one or both parents are using drugs, it can order a drug test as part of its child custody evaluation. It’s the judge’s goal to make decisions based on what’s in the best interests of the child when issuing a custody court order. And because drugs can adversely affect a … [Read more...]
Can a child custody order be changed by going to court in another state?
Proper legal channels must be used to change a child custody order. The out-of-state non-custodial parent cannot simply change an order by filing for custody in his/her home state. Laws exist that aim to prevent cases of parental kidnapping and promote orderly handling of interstate custody … [Read more...]
What does “reasonable visitation” mean?
Visitation rights for non-custodial parents may be complicated if a judge orders a ‘reasonable visitation’ schedule in a Texaschild custody case. This generally means that the court requires the parents to work out a schedule that is in the child’s best interests, is fair to both parents, and allows … [Read more...]
Will adultery affect a child custody decision?
Adultery leading to divorce in Texas may affect a Texas child custody case. In a child custody case, the court’s responsibility is to do what is in the best interest of the child by looking at both parents’: character; financial viability; and living situation to determine a safe and … [Read more...]
Who gets the tax deduction for children after divorce?
A tax deduction for children typically is available only to the custodial parent, who may claim the child as a dependent. But there are a few exceptions to this rule that may allow non-custodial parents to claim child tax deductions. Possible Tax Deductions for Children Having a dependent child … [Read more...]
Are their unique issues in a same-sex custody case?
In a same-sex custody case, non-biological parents may face problems regarding their status as the child’s legal parent. If the non-biological parent did not adopt the child, then legally this may affect his or her status as the child’s parent and could be detrimental to any push to obtain custody … [Read more...]
Can someone other than parents have child custody?
Child custody rights may be given to someone other than the parents in some cases. In Texas, it is always preferable that a parent has legal or physical custody, but there may be exceptions. If this may be applicable to your case, discuss the issue and laws pertaining to your case in Richardson with … [Read more...]
Does custody always go to just one parent?
No. When the courts begin the process of selecting custodial parents, numerous factors are taken into consideration and oftentimes, what’s known as “joint custody” is granted so that both parents have custody. Texas child custody laws stipulate joint custody (also referred to as shared or split … [Read more...]
If I don’t like an existing custody arrangement, can I file for custody in another state?
If you are confused about child custody, such as issues pertaining to moving out of state, speak to a Plano child custody attorney for clarification. For instance, if you hope to change an existing custody arrangement, you cannot simply file for custody in another state in hopes of getting your … [Read more...]