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.
When people come to court asking for a decision on a custodial matter, the judge in charge of the case must take a number of criteria into consideration. The first factor that comes into play is the age of the children in question. Some state laws allow children to decide with what parent they want to live if they are considered to be of reasonable age.
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.
The fact that a child voices an opinion does not mean that the judge has to decide as the boy or girl stipulates, however. Despite being deemed mature enough to have a say, the son or daughter is still viewed as a legal minor and thus not entirely capable of deciding what is and is not in his or her best interest. At best, a judge can consider what the child has to say and use some or all of the details to render a decision.
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.
The parent who earns a good income and maintains a safe and clean house typically makes the best impression in court. The presiding judge may allow the kids to remain with that parent while granting shared custodial rights to the other. The decision is designed to make sure the minor kids are provided for and safe from harm and abuse.
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.
These factors are just a few that judges use to determine who gets custody of a child. The responsibility of the court requires kids to be safe and taken care of at all times. The orders are legally binding and enforceable under civil and criminal codes.
When people come to court asking for a decision on a custodial matter, the judge in charge of the case must take a number of criteria into consideration. The first factor that comes into play is the age of the children in question. Some state laws allow children to decide with what parent they want to live if they are considered to be of reasonable age.
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.
The fact that a child voices an opinion does not mean that the judge has to decide as the boy or girl stipulates, however. Despite being deemed mature enough to have a say, the son or daughter is still viewed as a legal minor and thus not entirely capable of deciding what is and is not in his or her best interest. At best, a judge can consider what the child has to say and use some or all of the details to render a decision.
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.
The parent who earns a good income and maintains a safe and clean house typically makes the best impression in court. The presiding judge may allow the kids to remain with that parent while granting shared custodial rights to the other. The decision is designed to make sure the minor kids are provided for and safe from harm and abuse.
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.
These factors are just a few that judges use to determine who gets custody of a child. The responsibility of the court requires kids to be safe and taken care of at all times. The orders are legally binding and enforceable under civil and criminal codes.
About the Author:
You can find an overview of the advantages you get when you consult a Plano TX child custody attorney at http://www.planofamilylaw.net/Overview/child_custody.html right now.
No comments:
Post a Comment