Handbook for Child Custody for the Recently Divorced Parents

1
(No Transcript)
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 its 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, its best to consult an attorney to
  represent you in the case of child custody and
  matters of child support.

19
Get in Touch With The Best Team of Child Custody
Lawyers Based in Fort Worth
Contact Us
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
20
(No Transcript)