Petitioning For Plano TX Child Custody

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By Dorothy Harris


When married or romantic couples separate, they may have a variety of legal issues with which to contend. If they have children together, they are obligated under state law to figure out the custodial arrangements for any kids under the age of 18. The state recognizes children's legal right to know and grow up with both biological parents. As long as neither parent is abusive or dangerous, they in turn have the right to have access to their kids. Judges use this and other criteria to render each Plano TX child custody case assigned to them.

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.

Kids over that age limit generally know with what parent they want to live and what parent they would rather visit on a frequent or infrequent basis. If the judge agrees, the teenager can give an account of his or her reasoning. This input is generally given in a closed doors session off limits to the mom and dad.

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.

Further, judges must determine who has the safest and most nurturing household for children. It used to be that mothers were automatically deemed the default custodial parent. However, that trend has gone out of style in recent years. More dads are being given guardianship with mothers being granted visitation or shared guardianship.

Father likewise may look better as a guardian if they earn solid incomes and can offer protection like health insurance to their dependent kids. These stability factors mean that the kids will be well provided for and safe. Some moms cannot offer that level of security particularly if they do not have an income and have nowhere to live.

Even if both the mom and dad are granted shared custodial rights, they still must check with each other before traveling with the minor children out of state, out of the country, and even out of the city. Shared custodial arrangements work best when the mom, dad, and kids are all close to each other in the same area. Taking the children out of the area can be viewed as parental kidnapping.

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.




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