By Robert Reid McInvale | Published January 23, 2014 | Posted in Child Custody | Tagged Tags: best interest of the child, children in divorce, jury trial | Leave a comment
Under standard Texas law, all issues pertaining to the children of divorce are decided based on the best interests of the children. The children’s preferences often play a role in those decisions. During my many years as a Lubbock family law attorney, I have seen the law evolve to strike a balance between what children Read More
Read MoreThere are cases when divorced parents cannot reach a mutual agreement on child custody arrangements or adhere to their parenting plan. Sharing child care responsibilities and keeping on top of schedules is difficult even in the best of circumstances, but for former spouses with unresolved emotional issues or dysfunctional interpersonal styles, it can be impossible. Read More
Read MoreParenting a child is one of the most demanding tasks an adult takes on. However, parenting a child who has special needs because of a physical, emotional or cognitive condition is even more challenging. Along with professional help, special needs children often require accommodations at home and at school, and finding the most useful education Read More
Read MoreTexas law prohibits a child from choosing which parent he or she will live with after a divorce. But a child’s preference is important — to the parents, to the court, and most of all, to the child. At the quiet center of any divorce storm reside children. Pulled this way and that, children receive Read More
Read MoreFor 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
Read MoreWe 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
Read More