Primary Custody Law in Texas Child Custody Lawyer Evans Law Group
Announcer: When life’s path takes an unplanned turn, call the Evans Family Law Group for a consultation at 6282550. The Evans Family Law Group, providing a full spectrum of family law services. James Evans: How do you get primary custody? I’ll tell you who primarily asks me that to use the word primary a lot is dads. Dads come to me with the misconception that the courts are biased against dads. I don’t believe that. I think there was a time, probably even 10 years ago, when the courts carried a bias.
Like that. I think those biases are gone. I think in most courts in our counties Travis, Williamson, Bastrop, and Hays and the counties right here I think that bias is gone. What courts look for it sounds trite but they really are trying to dig for what’s in the best interest of the kids. The obvious things are if mom is moving around a lot, if mom has mental health issues, serious mental health issues, not just depressed, but there’s documented mental health issues,.
Mom has CPS history, has been investigated for abuse or neglect documented, not just because somebody’s accused them of it or domestic violence, I mean if you’ve got issues like that, those are the obvious things where dads can win primary custody. What’s important is when a dad comes in and the scales are more balanced, then you start looking into more of the nuances of the situation. Now, what you’re looking for are the aids and the needs of the children or child. Is there a child or a kiddo.
That’s got special needs versus kiddos who don’t have special needs? Are they in school or out of school? How far apart do the parents live? You look for the cooperative ability of each parent to work together. You’re looking for the kind of evidence that I can expose the other parent for not cooperating with the other parent. Small things, examples like that might be not disclosing school schedules for activities like concerts or soccer or games or.
Events, so it’s disclosed too late so the other parent can’t go or ‘s appointments or things like that. You start trying to expose those kinds of nuances to the case, and, at the end of the day, the courts are really looking for those kinds of things. Who is the more stable parent? Who is the more permanent parent? At the end of the day, what I always ask clients is to evaluate: Why should the judge trust you with these children?.
Announcer: When life’s path takes an unplanned turn, call the Evans Family Law Group for a consultation at 6282550. The Evans Family Law Group, providing a full spectrum of family law services.
Joint Custody Versus Sole Custody in Ontario
Hello, I’m Brian Galbraith, I’m the owner of Galbraith Family Law. We are a law firm of divorce lawyers located at Barrie, Newmarket and Orillia. I’m often asked, what is the difference between joint custody and sole custody? Well, custody for lawyers means how you make decisions. In a joint custody regime the parents make decisions together. If one parent has sole custody, they make all of the major decisions. So, major decisions are those that relate to the health care, religious upbringing and education of your children. Of course, there can be some disputes as to what decisions are major, which ones are minor. Day to day decisions are made by the parent who has the children under their care but.
Those major decisions that have a significant impact on a children’s lives are made jointly if you share joint custody. In Ontario the courts tend to assume that it’s in the best interest of the children that both parents are involved in decision making but if there’s evidence that the parents will be fighting and arguing and it will be not in the best interest of the children to have joint custody, then they’ll order sole custody and give that decision making part to one person. Now, often parents think that custody means the amount of time that the children spend with each parent. Well, that’s not the case. Joint custody can occur even when the children.
Are living primarily with one parent and the other parent just has access. So, often when people refer to joint custody, they assume it means that the children will be with both parents an equal amount of time. That is in fact, called shared custody. Confusing, isn’t it? Not sure why the term custody was used in two different contexts but from a legal point of view, joint custody versus sole custody means how decisions will be made. Now, sometimes even if we have joint custody are going to have disagreements, so it’s always best to see if you can work out those disagreements and come to a decision on your own, but if you need help, we sometimes send you to mediation where a neutral third party will help you.
Discuss the issues and come to an agreement. Sometimes we have to go to court to get a judge to decide which point of view should prevail, what’s in the best interest of the children. Sometimes what we’ll do is we’ll hire a parenting coach who unlike a mediator can actually give you advice and make some suggestions as to what the best resolution of the issue is, and they’ll help you work out an agreement. Whatever is needed we’ll help you find the expertise so that you can make the best decisions for your children and your family. So, if this tutorial has been helpful, please give it a thumbs up. If you’d like more information or a consultation with.
One of our lawyers, please go to our website. It’s galbraithfamilylaw . The website address is at the bottom of the screen, I believe. Thank you. I hope this has been helpful.