Category: Modification of Custody

Can My Child Decide Which Parent They Want to Live With

Can My Child Decide Which Parent They Want to Live With?

It is the court’s primary focus to promote the best interest of all children involved in a custody case. This means, the court will make decisions they believe allow the child to develop safely even if they go against the child’s wishes. However, a child’s preference of home is one of the factors they will take into consideration when making their choice. The Significance of “The Best Interest of the Child” The previous section made reference to the phrase “the best interests of the child”. Texas law specifically states that the best interest of the child must be the court’s primary consideration in determining issues of conservatorship and possession of and access to the child. To assist judges in making that determination, the Texas Supreme Court provided a list of factors for judges to consider. These include: the child’s desires the child’s immediate and future physical and emotional needs any immediate and future physical and emotional danger to the child the parental abilities of each parent the programs available to assist parents who want to promote the best interests of their child the plans each parent has for the child the stability of the home or proposed home any actions or failures to act that may indicate that the parents don’t have a proper parent-child relationship, and any excuse the parents may have for those actions and failures to act. The fact that judges interview children doesn’t mean they have to adopt the children’s wishes as the basis of a custody decision. Will the Court Consider a Child’s Preferences? Yes, if the circumstances warrant it. Notice that the first factor in the “best interests” list above is “the child’s desires” .The Texas statutes provide some guidance as to how a judge should approach this. Texas Family Code – Chapter 153,

Read Full Article »
How Can I Revise My Custody Agreement

How Can I Revise My Custody Agreement?

Are you looking for answers for how you can revise your custody agreement? Working with an experienced family law attorney can provide you with solutions to this problem to help promote the best interest of your child or children. At Renken Law Firm we provide legal advice on a wide range of family court matters including custody of a child, child custody modification process, visitation schedule, child support payment, and more. Call us today to schedule a consultation for modifying your child custody agreement. Who can file a modification case? Either parent can file a modification case. If you are not the child’s parent, you can file a modification case if: You are listed as a party in the current order, You have had actual care, control and possession of the child for at least 6 months ending not more than 90 days before the date you file the modification case with the court and you are not a foster parent. You have lived with the child and the child’s parent, guardian or conservator for at least 6 months ending not more than 90 days before the date you file the modification case, and the child’s parent, guardian or conservator has died. You are the child’s grandparent, great-grandparent, sister, brother, aunt, uncle, niece or nephew and: Both parents are dead, Both parents, the surviving parent or managing conservator agree, The child’s present circumstances will significantly harm the child’s physical health or emotional development. The Texas Attorney General Child Support Division can also file a modification case. Where do I file a modification case? You must file a modification case in the Texas county where the current order was made. If the child has lived in another Texas county for the last 6 months, you must still file the modification case

Read Full Article »
Tips For Handling Child During The Holidays

Tips For Handling Child During The Holidays

The holidays are a welcomed break from our usual schedule. This time of the year gives us a reason to spend more time with family and can be a time full of excitement and joy. Unfortunately, just as they can be a time that brings great excitement and joy- they also have the potential to be stressful. For many people, especially those with shared custody of their children, this time of the year can come with its own set of unique challenges. Make sure to remember to put the needs of your children first this season and spend a little extra time planning and preparing for the holidays. Listed below are some tips for parents to keep in mind for handling child custody during the holidays: Plan Your Schedule In Advance: While this rule is applicable at all times of the year, it is especially good for both parents to be communicative and plan their child’s schedule in advance around the holidays. There are many different ways parents can decide where their child will spend holidays, some of the most common options for parents sharing custody are: Alternating Custody Annually: Meaning if you have your child for Christmas this year, your partner will get custody of the child next Christmas. Some parents also find trading holidays to be the best solution for their families. Meaning, on Thanksgiving the child would be with parent 1 and on Christmas the child would be with parent 2. Split The Holiday: For some families, especially those where both parents live in close proximity to each other, splitting the holiday period between two places may be the best solution. If both parents can agree to a schedule that allows this, and the child is not being strained, this can be a good solution. Spend The

Read Full Article »
Scroll to Top