Sunday 17 December 2017

Petitioning For Plano TX Child Custody

By Dorothy Harris


Parents who are unable to raise their children together in shared household are obligated by law to settle custodial issues in court. One parent cannot simply lay claim to kids who are under the age of 18. The kids are entitled to full access to both parents as long as both the mom and dad are safe and not abusive. However, many former spouses and partners cannot settle this legal issue on their own. They often have to file a case in Plano TX child custody court to resolve the matter permanently.

Every order is issued by a judge who presides over the case. The case itself does not necessarily require a court appearance. It can go through attorneys for both sides. However, it does entail the letter of the law, which itself may take into consideration what an older child has to say about the situation. In this instance, the child would be asked for his or her input.

The age limit for this input is typically set at 13 or 14 depending on the overall maturity of the child. If the judge agrees, the son or daughter can say what parent he or she wants to live with and why. It is at this time that the child's testimony goes on court record and may influence the decision.

Alternatively, it may have no influence at all particularly if the judge decides the son or daughter is not mature enough to weigh in on the case. State law does not recognize children of any age under 18 as being legally responsible enough to know what is in their best interests anyway. They remain under the control of their parents or another adult until they are 18, which is why the court has the final say over who gets guardianship.

As with every case, the order hinges on how safe each parent's household is and what kind of money the mom and dad make separately. Moms are no longer deemed the default custodial guardian. A growing number of fathers are being granted primary custodial rights to children under the age of 18.

Dads are recognized as being capable of having settled and safe households, which is why more men are being granted sole or shared rights to the kids. This fact combined with the fact that one parent may earn more money than the other works to that particular parent's favor. Judges have to make sure kids are well provided for and safe.

Custodial arrangements also stipulate if or when kids are permitted to leave the city or state with the other parent. A mom or dad cannot simply move the kids away or take them out of the country without permission from the other parent or the family court. These orders remain in effect until the kids turn 18 or the judge issues another set of orders.

Either parent who breaks the order rendered by the judge could face legal action including jail time and fines. The judges in these child custody cases have the legal duty to make sure children are given access to both parents. The custodial decision can and will be enforced under Texas law.




About the Author:



No comments:

Post a Comment