Common Child Custody and Visitation Plans Explained
Custody and visitation are common terms used in relation to separating parents and with whom the child will reside. In Texas, however, the law uses different terminology including conservatorship, possession, and access. Conservatorship is a term that refers to legal authority over a child, holding rights and duties. Possession is the legal right of one person to have physical custody of a child for the purposes of committing the care and control of them. Access denotes the matters concerning rights of contact between a particular parent and their children that happen outside of normal living arrangements.
Texas law takes into account all parental responsibilities when determining custody, such as financial support, education, health care, safety, well-being, and day-to-day decisions regarding lifestyle choices as well as religious practices. When deciding on conservatorship matters for each individual parent, it must be based upon what is determined to be in the best interest of the child first and foremost. The court may then consider various factors such as work schedules or distance between both homes in order to determine which situation would provide continuity or stability for that particular child’s life so they can thrive within their environment physically and emotionally.Texas Law
The Texas Family Code, Chapter 101 dictates the statutes and laws surrounding parent-child relationships in Texas. This chapter outlines the rights of parents versus their children, as well as defines a number of terms that are relevant to understanding the kind of legal relationship between a parent and their offspring. The definitions provided in this chapter range from establishing who is legally considered a “parent” to describing proceedings such as guardianships or adoption that are often necessary for creating or changing parental responsibilities.
These laws also outline responsibilities for paternity, legitimization, inheritance rights, support obligations, and visitation rights when it comes to parent-child relationships. Additionally, there are provisions regarding the recognition of family law from foreign countries, along with various other related matters that could come up. Chapter 101 provides an important framework for navigating the complicated issues surrounding parents and their children in the state of Texas. It goes beyond merely recognizing what is legally considered a “parent” by outlining all aspects that go into supporting and protecting children against abuse or neglect while affording protection to parental interests as well. Through providing certainty and enforcement on these topics within Texas family law courts can apply justice appropriate to each parental situation upon which all involved can depend.Possession Orders
A Possession Order is a formal, court-issued document that outlines the rights and responsibilities of both parents in relation to their children. This document details when parenting time with the child will take place for each parent as well as any conditions that are attached to these visits. Its contents are dependent on what is deemed best for the child’s well-being and it is legally binding on both parties.
These orders form part of the Suit Affecting the Parent-Child Relationship (SAPCR) and must be adhered to. If either parent fails to follow the court-ordered terms, they can be held liable by a judge who can then enforce a variety of remedies. Depending on the circumstances leading up to failure, this could involve a warning or paying fines and/or legal costs, being forced to undertake to counsel, or possibly serving jail time regardless of whether or not a criminal act has been committed. Any parent found guilty of breaking an order may also have visitation rights limited until such times as satisfaction has been provided for action taken against them.Out-of-State Custody and Possession Orders
When a couple with children has relocated from one state or country to another, they may be concerned about how their custody and visitation orders will be enforced in the new jurisdiction. Fortunately, in the state of Texas, individuals who were issued court orders outside of Texas have the ability to “domesticate” or register those orders with a Texas court. This ensures that these out-of-state court orders are recognized and enforceable within the boundaries of Texas.
The process by which an out-of-state order can be domesticated in a Texas court requires the completion of certain paperwork and is not overly complicated. After paying a fee and submitting an application, form, and affidavit to the relevant court, the petitioner can receive official recognition of their former order from another nation or state. Once properly domesticated, this prior litigation is esteemed as if it originated in Texas itself and any future violation can be dealt with just as if it had originally been filed.Understanding the Law
The law in Texas provides guidance and clarification on the process of registering an out-of-state child custody or support order in the state. The Uniform Child Custody Jurisdiction and Enforcement Act is the legal framework for recognizing and enforcing such orders made by another state or country. Most notably, individuals need to register their custody orders with the clerk of court in their county, so that any modifications or enforcement would be monitored and managed by Texas law enforcement officials. Additionally, citizens of foreign countries can seek help from the State Department regarding recognition and enforcement of foreign country custody agreements under the Hague Convention.
Ultimately, knowledge of these laws is crucial to ensuring that parents receive proper support and care for their children at all times - whether they reside within Texas or abroad. The ability to register out-of-state orders in Texas allows individuals living there access to a supported network that guarantees protection. Greater awareness and understanding of these laws will benefit everyone involved, as well as allow people residing outside Texas greater access to enforcement and registered modification remedies for any changes that occur within their overall circumstances.Get Help From an Experienced Lawyer in Texas
An experienced family law attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you explain and navigate the entire case process. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.