TX OAG Handbook for Noncustodial Parents 2015-2025 free printable template

HANDBOOK FOR NONCUSTODIAL PARENTS INTRODUCTION The purpose of this handbook is to inform noncustodial parents about paternity establishment and child support services. The Office of the Attorney General

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This program is not intended to replace professional legal advice or representation if you have a legal concern you are strongly encouraged to seek the advice of an attorney hello everyone I'm a unique auto attorney at law in South Florida with the auto law group thanks for joining us for this episode of now you know the law, so you've had a child with someone maybe you were married maybe not but for whatever reason the relationship has disintegrated, and you're going your separate ways both parties however want full custody of the children here's what you need to know in Florida courts prefer a shared custody arrangement allowing both parents quality liberal time with their child in fact we don't so much use the word custody any more instead we use the term time-sharing is a type of visitation in which one parent is usually awarding the physical custody of the child while the other parent receives generous visitation rights or shares the time spent with a child in making determinations regarding time-sharing Florida courts are governed by the best interest of the child standard the court has to wait several factors in determining what is in the best interest of the child whether he should spend the majority of this time with the mom or dad or whether time should be divided equally the statute that governs this lists over 20 factors that must be considered by the court in reaching this decision here are just a few the mental physical and emotional health of the parents any history of child abuse domestic violence child neglect or abandonment the parents' ability to respond to the needs of the child and not his or her own needs and also the stability of the home that each parent can provide for the child now back in the day it used to be presumed that the mother was in the best position to care for the child and the father would have some rights but not the best right he may be given for example weekend visitations or sometimes just every other weekend you should know that this is no longer the presumption under Florida family laws both parents are deemed equally fit and qualified to provide care for their children it doesn't matter that one parent does not want the other parent to see the child for moral reasons or any other reasons things like smoking weed too much partying multiple sexual partners and so on that parent would have to show under the law that the other parent is unfit to raise a child based on the factors we discussed earlier and the other is listed in the statute so here's the bottom line a complete parenting plan includes lots of information about where the child stays with whom what days and making decisions about the child's health extracurricular activities education and so on it's a very nuanced process what a competent attorney can assist you in navigating this kind of matter if you're facing a divorce a child support or child custody issue give us a call, and we can help you thanks for joining us I'm Annie Otto we'll see...

People Also Ask about

What rights does a custodial parent have in Texas?

A managing conservator, or custodial parent, has the legal right to decide where the child will live. This right is commonly called custody. A possessory conservator, or noncustodial parent, has the legal right to spend time with the child and know the whereabouts of the child.

At what age can a child refuse to see a parent in Texas?

At What Age Can a Child Refuse Visitation in Texas? In Texas, there is no age under 18 that allows for a child to refuse visitation. Visitation is the right of the parent, and it cannot be taken away by the custodial parent or child. The only option would be for the custodial parent to request a modification of orders.

At what age can a child decide visitation in Texas?

This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation.

How does Texas determine custodial parent?

Under Texas law, the court is required to make child custody decisions based on what is in the best interest of the child. The courts encourage parents to try and come to agreements using mediation first. Only if they are unable to resolve issues on their own will a family court Judge step in.

How do I file for custodial rights in Texas?

You start your case by filing a custody or termination petition in the court where your child is a resident or in the court that presides over your divorce (if applicable). You then serve the other parent, or anyone else with custody rights, with the citation.

Can I deny visitation to the father in Texas?

The Court may work with both parents to agree about primary physical custody and a visitation schedule with the non-custodial parent. If the parties and their attorneys cannot agree, a judge will decide with the entry of a court order. Such Orders are binding and enforceable but may be modified.

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