There was a time when father’s rights and custody were almost unheard of. The legal system showed favoritism toward mothers unless there was abuse involved or the mother was “unfit.” After practicing for several decades, I’ve seen decisions shift to favor co-parenting arrangements. A combination of family code revisions, cultural changes and more open-minded judges on the bench have contributed to … [Read more...]
Mother’s Rights in Child Custody
Do Mother's Rights Differ from Father's in Child Custody Cases? Most people assume mother’s rights hold more weight in child custody cases. This is partly true because the courts did favor mothers in the past. There’s also an assumption that mothers are better parents because of their role as nurturer. The reality is that the law has evolved to allow parents equal rights in custody cases; … [Read more...]
Children’s Rights in a Divorce
Adults dealing with their own issues can overlook how divorce affects the children. Actions meant to protect themselves from (or retaliate against) their former partner could damage the child. That’s why there’s a such thing as children’s rights in a divorce. From my experience at Paula Lock Smyth Law Offices with divorce and child custody cases, following are my insights into children’s … [Read more...]
FAQ’s About Child Support in Texas
Child support in Texas is pretty much what it sounds like – financial assistance to support your child following a divorce. It is court-ordered money payable from one parent or conservator to the other, normally paid on a monthly basis. All child support in Texas must be paid through the Attorney General’s clearinghouse in San Antonio, called the Child Support Disbursement Unit. There is no option … [Read more...]
Residency restriction issues can affect Texas parents
When two parents in Texas split up, it raises a whole host of legal issues surrounding the care of their child. Naturally both parents want to maintain a nurturing relationship with their child, and to that end, in child custody cases, Texas courts aim to see that a child is given the opportunity to spend frequent and regular time with both of his or her parents. This means that sometimes the … [Read more...]
Rights of a parent with regard to child custody in Texas
Many people in Texas are parents. While the parents are together, co-parenting and raising a child can be a little simpler. However, when parents divorce or split up, the parenting dynamics change drastically. The children obviously cannot be in two places at one time. In many situations, the children will end up splitting time between both parents' abodes. The parents will also still have to make … [Read more...]
Creating a viable custody and visitation schedule
Couples in Texas may go through many changes and turbulent times, facilitating the need for the end of the marriage. It is by no means an easy decision for most families, especially when there are children involved. Despite the end of their legal relationship with one another, parents will usually want to continue a bond with their offspring. The benefits of this to both parties, especially … [Read more...]
Shared parenting benefits children of divorce
Although a divorcing couple agrees to end the legal relationship with one another, when there are children involved the relationship never really comes to an end. In some divorces, where the split has not been amicable, ex-spouses may have no interest in speaking to one another but, according to the Attorney General of Texas, shared parenting can be very beneficial for children after a … [Read more...]
Can children choose who to live with in a divorce?
Many couples in Texas may be under the misconception that when a child reaches a certain age they can decide which parent they want to live with in the event of a divorce. However, this is not the case. There are certain provisions in the Texas Family Code regarding the right of children to express their wish of where they want to live, but there is no obligation for the judge to fulfill that … [Read more...]
How are location services used for Texas child custody cases?
In Texas, there are times when a parent must be located. For that, there is a program that the state will assist with in locating the parent. This is something that can be used for several reasons including the following: for the establishment of a court order regarding paternity, child support or medical support; to seek child support that has been ordered by the court or for the enforcement of a … [Read more...]