In an ideal situation, children's upbringing should never become a contention. Unfortunately, your good intentions may not help much if the other party is unwilling to put in the same effort to ensure that the end of your marriage doesn't affect the children as much.
You must work within the framework of Texas family law regarding child custody and visitation. If you are going through a divorce where children are a factor, this guide can help you understand all you need. If you’re in need of legal advice, consider speaking to family lawyer, Matt Towson.
Understanding Child Custody
Child custody and visitation are closely related but quite different. Custody infers that a parent's right to care for their child after divorce and has two sides: the physical and legal.
Physical custody addresses where the child lives. On the other hand, a legal custody address makes important decisions concerning a child's life, such as where they attend school, religion, and healthcare.
In both types of custody, one parent could have sole custody or both could have shared custody, with the decision depending on the court's determination of the child's best interests.
What Is a Child's Best Interests?
A child's best interest is a standard applied by Texas and other states to determine the most favourable custody and visitation arrangement for the child. When determining a child's best interests, the court considers several factors such as each parent's mental and physical health, availability, criminal history, the child's wishes, the least disruption to a child's life, community, etc.
These factors apply most to physical custody rulings, however, they may also affect legal custody. In some cases, the court may have to order a custody evaluation to shed more light on the best arrangement and use the information gathered from the evaluation to decide.
Visitation Rights
Visitation rights speak of a parent's right to see and spend time with their child. It applies when one parent has sole physical custody while the other is only allowed limited time to see and spend time with the child.
It's important to note that the court also sets the terms for visitation, giving rise to two main types of visitation: supervised and unsupervised. Supervised visitation applies where the safety of the child with the non-custodial parent may not be guaranteed, for example, if they have been convicted of crimes that portray them as a risk, such as domestic abuse, violent crimes, and drug-related crimes.
In unsupervised visitation arrangements, the non-custodial parent has a right to be alone with the child during their visitation days.
Negotiating Custody and Visitation Rights
In most cases, the parties involved negotiate custody and visitation arrangements, and a lawyer plays a critical role in it. So, having one in a custody battle is always a good idea. A lawyer understands most of the pitfalls, can advise you on the dos and don'ts of fighting for custody, and often tries negotiations before trial.
A court decision is not always final. You can appeal a ruling if you feel justice was not done, which may require working with a lawyer. Also, custody and visitation rulings are modifiable with changing circumstances. For example, if a parent's suitability for getting custody was in question for a past crime conviction, overturning such a conviction could mean a change of circumstances and grounds for seeking an existing order's modification. Again, you will need a family lawyer for this.
Conclusion
Navigating child custody and visitation in Texas requires a clear understanding of the laws and how they prioritize a child's best interests. Custody arrangements involve both physical and legal responsibilities, while visitation rights ensure that non-custodial parents maintain a relationship with their child. Negotiating these terms with the help of a knowledgeable family lawyer can make the process smoother and more favourable. It’s important to remember that court decisions can be appealed and modified as circumstances change, making legal guidance essential for protecting your parental rights and ensuring your child's well-being.
