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Child Custody Archives

How does child custody work in separation agreements?

Texan parents may sometimes need a break from each other, but might not want an actual divorce. This is where separation agreements come in. They allow you and your partner to divide up assets, finances, property and more, without having to legally sever your marriage. But where does your child fall in all of this?

Best interests of the child in Texas

Under the Texas Family Code, the red thread running through all the law governing a parent-child relationship with respect to conservatorship (i.e. parental responsibility) and possession (i.e. custody) is the principle that the best interest of the child is “the primary consideration of the court.” The Code, in fact, articulates a statement of public policy that children should have a relationship with parents who have “shown the ability to act in the best interest of the child.”

The benefits of joint custody

When Texan parents get a divorce, it's up to them to decide how they want to raise their child. While each situation is different and requires its own unique approach, some studies have shown that joint custody might be a better option in regard to the health and happiness of the child.

What is decided on during divorce mediation?

As someone going through a divorce in Texas, you understand intimately that it's more than a cut-and-dried severance and a small stack of papers, especially if a child is involved. At the Law Offices of Keith E. Holloway, we strive to help minimize this complex and often stressful process so that every party deals with as few issues as possible and the child's best interest is protected.

How can I navigate summer vacation with an ex?

Summer vacation time is once again right around the corner and kids all over Texas may be excited to be out of school for a few months. If this summer is the first one after a divorce for your family, it will no doubt be a different type of summer for you and your kids. How can you make sure your children are able to fully enjoy their summer break with this magnitude of change in their lives?

Letting your child know about the custody situation

Divorce can be messy, and parents in Texas may be tempted to keep their child in the dark for as long as possible so they won't have to witness it. Unfortunately, it's crucial for children to be informed about any custody changes or the divorce on a whole, and keeping them out of the loop may actually do more harm than good.

No-fault divorce comes under fire

As divorce rates decline around the nation, and according to the Houston Chronicle, fall even faster in Texas, one lawmaker has introduced a bill to re-attach fault to divorces. A Republican representative out of Fort Worth, Matt Krause, has proposed an end to no-fault divorces in the Lonestar state. Krause believes that removing “insupportability” as grounds for filing divorce and forcing a couple to assign blame to one party in order to end the marriage could help to preserve these unions.  

Can relocation negatively affect your child?

As a parent in San Antonio with primary custody of your child, you have many different factors to consider if you ever wish to relocate. For example, will it benefit your child? Will it provide them with more opportunities to grow or flourish? Or will it possibly affect them negatively?

The basics of interstate custody disputes, Part 1

Almost every state has passed the Uniform Child Custody Jurisdiction and Enforcement Act (except Massachusetts and Vermont). Prior to the UCCJEA, state courts would often compete with one another for jurisdiction over a case. Essentially, if a parent did not like the result in one case, he or she would travel to a new state and file a competing lawsuit. The UCCJEA requires state courts to respect the initial court's decision and can only disturb the ruling in rare circumstances.

Co-parenting for the children's benefit

When a couple in Texas decides to get divorced, no matter the reason, it is generally safe to assume that the spouses were unable to work successfully together in some form. When that couple has minor children, however, they must find ways to work together even after getting divorced for the good of their children. Positive co-parenting may not be easy but it is possible and it definitely in the best interest of the kids.

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