Thursday, 14 December 2017

How Judges Decide Plano TX Child Custody

By Dorothy Harris


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.

Each case is unique, which is why some judges want to know what the involved kids think about the situation. That is not to say that kids under the age of 13 or 14 will be given a say. This privilege to speak up about the case is typically reserved for teenagers who are deemed mature enough to give objective feedback about their parents and their living arrangements.

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.

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.

The order typically also will spell out in no uncertain terms what will happen if either parent takes the minor children and leaves the city, state, or country. Custodial arrangements function best when both parents are located in the same vicinity of each other. One person cannot try to escape or hide the sons and daughters by leaving the area. Traveling may require another court order.

Parental kidnapping, failure to make support payments, or otherwise restricting access to the shared sons and daughters violate the child custody arrangements set up by the Plano family court. The judge has the right to issue an arrest warrant for the violator. The orders can also be changed if either parent shows irresponsible or dangerous behavior.




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