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 <a href="www.planofamilylaw.net/Overview/child_custody.html">Plano TX child custody</a> 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.
Kids over that age limit generally know with what parent they want to live and what parent they would rather visit on a frequent or infrequent basis. If the judge agrees, the teenager can give an account of his or her reasoning. This input is generally given in a closed doors session off limits to the mom and dad.
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.
As with every case, the order hinges on how safe each parent's household is and what kind of money the mom and dad make separately. Moms are no longer deemed the default custodial guardian. A growing number of fathers are being granted primary custodial rights to children under the age of 18.
Dads are recognized as being capable of having settled and safe households, which is why more men are being granted sole or shared rights to the kids. This fact combined with the fact that one parent may earn more money than the other works to that particular parent's favor. Judges have to make sure kids are well provided for and safe.
Custodial arrangements also stipulate if or when kids are permitted to leave the city or state with the other parent. A mom or dad cannot simply move the kids away or take them out of the country without permission from the other parent or the family court. These orders remain in effect until the kids turn 18 or the judge issues another set of orders.
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.
You can find an overview of the advantages you get when you consult a <a href="http://www.planofamilylaw.net/Overview/child_custody.html">Plano TX child custody</a> attorney at http://www.planofamilylaw.net/Overview/child_custody.html right now.
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