What is Physical Custody?
Physical custody means where the child lives most often. In some states, the custodial parent has a presumed right to take the child out of state without permission. This can cause problems if the non-custodial parent wants to move to another city. Custody orders can also make it difficult for the non-custodial parent to see the children when he/she wants to do so.
Custody decisions are often made by judges who are trying to decide what is best for the child. Custody decisions usually involve the child living with the parent who has physical custody.
Physical custody where a child lives and whom he or she lives with is always a difficult and emotional decision. A family law attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC, knows how to work with the courts to get the best possible outcomes for children.
This type of custody refers to how much time the child spends with each parent. In this case, the father gets primary physical custody, meaning he gets more time with the child than the mother does. The mother gets secondary physical custody, meaning she gets less time with the child than he does.
Custodial parents have the right to have children physically present in their house while the non-custodial parent has visitation rights. For instance, the mother was granted physical custody because she had more time with the children.
Custody battles are common in courts. When people fight over custody, they usually want to be the primary custodian. However, this isn't always true. A lot depends on what kind of relationship each parent has with their child. If there is a strong bond between them, then that person should be given custody. If there is not much connection between them, then the other parent should be awarded custody.
The court considers the financial contribution of the primary custodian when determining how much money the non-custody parent must pay in child support. Both parents have financial obligations to support their children.
Child support is a legal requirement for both parents to pay money to help cover the costs of raising a child. This is true regardless of who gets physical custody. Both parents are expected to contribute financially towards the needs of their children.
So long as there is a showing of a material change in circumstances, the Court may modify the custodial arrangement based upon the new circumstances.
Parents are advised to consult with an experienced family lawyer before going to court. An experienced family lawyer can give you advice about your situation and help you avoid pitfalls. You may also need to hire an expert if your case involves scientific evidence or complicated legal issues.
For instance, someone has filed a case for child custody or visitation against you. You need to contact an attorney about this matter right away. You must file an answer to the lawsuit by the deadline. You should also attend any mediation sessions and court dates. You won't be arrested for missing a hearing, but you may lose your chance to argue your case before the judge.
Custody mediation is a free service offered by courts to help families resolve custody disputes. A mediator helps parents talk to each other about the issues involved in the divorce or separation. The mediator does not represent either party but acts as a neutral third person who listens to both sides, then tries to help them reach an agreement. In some cases, the mediator may be asked to recommend a parenting plan (a schedule outlining how the children will spend time with each parent).
The mediator may also be asked to recommend a visitation schedule, depending on the circumstances. In order to be fair to both parents, judges weigh the children's needs first. Parents who are unable to provide adequate care for their children may lose them. A bad marriage doesn't necessarily mean that a parent isn't capable of caring for their children. If a parent is abusive, neglectful, or otherwise harmful to their children, then the court will take these issues into account when making decisions about custody. A child can be a witness if he or she knows the difference between right and wrong. Before testifying, a child should understand that lying is wrong. Parents can ask the judge for permission to take their child's testimony. Children should be allowed to express their opinions in courtrooms. Children should also be allowed to observe trials as long as they do not interfere with the proceedings.
A temporary custody order is legal, but it doesn't last forever. You can request a new trial to modify the temporary custody order or you can ask for a permanent custody trial if you're unhappy with the temporary custody order. Temporary custody orders can turn into permanent ones if you aren't happy with them, but you need to request a modification hearing within two years to do this. If you want to change a permanent custody order you need to prove that there has been a significant change in the circumstances of the child since the original order was made. You have the right to see your family lawyer if you're being questioned about a crime. You also have the right to refuse to answer questions without legal counsel present. And you have the right to an attorney if you want one.
Child custody cases are usually factually complicated and require presenting witnesses and documents. A parent who represents themselves in court may be held to the same standards as a lawyer. Court officials cannot give you legal advice about your rights or obligations or the likely outcome based on your family's situation. To get help finding a family law attorney contact us today at www.thorntonesquirelawgroup.com. Find an experienced family law attorney near you who can help you understand your choices and how to best protect the rights of your child.