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lundi 25 décembre 2017

Petitioning For Plano TX Child Custody

By Dorothy Harris


When married or romantic couples separate, they may have a variety of legal issues with which to contend. If they have children together, they are obligated under state law to figure out the custodial arrangements for any kids under the age of 18. The state recognizes children's legal right to know and grow up with both biological parents. As long as neither parent is abusive or dangerous, they in turn have the right to have access to their kids. Judges use this and other criteria to render each Plano TX child custody case assigned to them.

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.

Most judges will allow kids over the age of 13 or 14 to void an opinion. A child over this age is generally deemed mature enough to have a good grasp on the situation. He or she may be able to say what parent he or she wants to live with and explain why before the case is settled.

The fact that a child voices an opinion does not mean that the judge has to decide as the boy or girl stipulates, however. Despite being deemed mature enough to have a say, the son or daughter is still viewed as a legal minor and thus not entirely capable of deciding what is and is not in his or her best interest. At best, a judge can consider what the child has to say and use some or all of the details to render a decision.

Within the last few decades, mothers have been given a proverbial run for their money in court for guardianship of children. Moms are no longer deemed the default custodial parent. More dads are winning primary rights or shared visitation with their kids. The entire decision is based on who can provide the safest and most stable household.

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.

Even if both the mom and dad are granted shared custodial rights, they still must check with each other before traveling with the minor children out of state, out of the country, and even out of the city. Shared custodial arrangements work best when the mom, dad, and kids are all close to each other in the same area. Taking the children out of the area can be viewed as parental kidnapping.

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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