Monthly Archives: July 2012
What Are Grandparents’ Visitation Rights under Texas Law?
Overall, Texas law gives parents priority when it comes to custody of their children. Parents also have the right to determine who has visitation with their children and to what extent. Other parties can have visitation as long as the parents agree. So when everyone agrees, parents and grandparents, there are no issues. When conflicts… Read More »
Parents’ Rights vs. Grandparents’ Rights
Grandparents can be an integral part of some children’s lives. However, if conflicts arise between parents and grandparents, how do parents’ rights legally stack up against grandparents’ rights? Individual states have their own laws, and for the most part, courts at the state level decide family issues. Even so, some cases have risen to the federal… Read More »
Texas Custody Guidelines for Children Three Years and Younger
For many years Texas did not have definitive guidelines to determine custody for children three years old or younger. The courts ruled on cases based on their discretion and whatever they determined to be appropriate according to the existing statute. Determining custody (possession) for children three years and younger remained a murky area of law…. Read More »
How the Best Interest of the Child Relates to Adoption
We hear the phrase the best interest of the child throughout the divorce and child custody process. Certainly many U.S. states have incorporated the best interest of the child concept into their family law statutes. Likewise, many courts have ruled on cases using this concept as their benchmark. The Texas Family Code Section 153.002 states:… Read More »
Arbitration for Divorce and Custody Issues
If you are having trouble resolving custody issues, arbitration is another available resolution option. As with mediation, sometimes the courts order couples to arbitration to resolve their differences. How is arbitration different from mediation? Unlike mediation, where the mediator acts as a neutral third party and is not allowed to give opinions, the arbitrator’s job… Read More »
Resolving Custody Conflicts Through Mediation
You can wind up in mediation to work out your disagreements with your spouse about child custody. The court can order you to mediation or you can choose it as an alternative to litigation. In fact, you can resolve divorce and all of its issues through mediation, if appropriate. The mediator’s role The mediator cannot… Read More »
Alternative Dispute Resolution for Custody Disputes
Child custody is often a contested issue during divorce. When parents fight over who gets custody or terms of custody, courts can motion to use alternative dispute resolution procedures. A spouse can also enter a motion for alternative dispute resolution (ADR). Texas courts give special consideration to parent-child relationships and encourage amicable dispute resolutions. ADR… Read More »
Are You More Likely to Divorce During Tough Times?
Myths and opinions circulate from a variety of sources — news articles, surveys and interviews — about the effect of tough economic times on marriages. Financial stress is a known factor that adversely affects relationships. Couples fight over their incomes, their spouse’s spending habits, and a lack of the lifestyle they always wanted. Troubled finances… Read More »
