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child custody Archives

How to increase your chances of gaining primary custody

If you are a father in Texas and are going through the divorce process, custody of your children is probably top of mind. While in the past, mothers were typically seen as the primary caregivers, things are different now. The judge looks at a number of factors and takes into consideration what is best for the child. If you understand what is important, you may be able to make changes or focus on the factors that will help increase your chances of getting more time with your children.

Can you modify your child custody arrangement?

Divorces involving children can be extremely difficult, especially when it comes to creating a parenting plan that meets the best interests of the child. It can be overwhelming to schedule parenting time that benefits your child, as well as everyone else that is involved. Once your parenting plan is customized in the final divorce settlement, you may feel as though it is set in stone. Yet, certain life circumstances may constitute a change in your child custody arrangement. Parenting plans may change several times throughout a child’s life. As a child grows, their needs and interests change, and parenting plans must also change to adapt to this new schedule.

Spending time with both parents may be best for kids

With more than half of all marriages ending in divorce, it is not uncommon for children to be in split families and forced into different parenting arrangements. While some children spend equal amounts of time with both parents, others live in the sole-custody of one primary parent. In many cases, mothers are put in the position of primary caretakers and are awarded sole physical custody of the children in divorce cases. However, many studies show the importance of both fathers and mothers and the critical roles they play in children’s lives.

Dads often get the short end of the parenting stick

By now, most divorced dads in Texas understand that single parenting can be a challenge. Depending on the divorce agreement, you might only get to see your kids on the weekends, or you might have 50/50 custody but your ex is sabotaging every moment of time you have with your children. At the Law Office of Brian Turner, we know that there is a term for the latter – it’s called parental alienation syndrome, and it’s far from uncommon.

How the court views the better parent

Texas courts generally prefer that both parents take part in their children’s lives. If your case goes before a judge, their focus is on what course of action represents the best interest of the child. At the Law Office of Brian Turner, we often represent clients who must fight for fair or sole conservatorship of their child.

Do the holidays have to be stressful when co-parenting?

Whether this is your first year after your divorce or another of several holiday seasons you went through as a single parent, you may know by now that the holidays can be stressful. You might feel nostalgic for happier days with your family before your divorce, or fights between you and your ex may sour your holiday spirit. Like many other Texas residents, you might even dread this time of year.

Your rights as a possessory conservator

Many in Tyler may view child custody proceedings as a "zero-sum game," in that rulings for or against you during such proceedings equate to victories or losses for your ex-spouse. Following this line of thinking, that would likely mean that if your ex-spouse is named as your children's managing conservator, you have lost. Many who find themselves in that position come to us here at The Law Office of Brian Turner thinking that they now must defer to their ex-spouses in all matters related to their children. If you share the same hopelessness, you should know that simply is not the case. 

My ex is keeping the kids from me to get her way. What can I do?

There is perhaps no greater conflict in family law than that of child custody and visitation rights. As the non-custodial parent, you still have the right to see your children, as outlined in your parenting agreement. You might have the kids every weekend or every other week. Like many other non-custodial parents in Texas, you may have your children for several weeks in the summer and on certain holidays. It can be frustrating and heartbreaking if your ex-spouse makes it difficult to see your children.

Tips for creating a parenting plan

When parents in Texas file for divorce or legal separation, they must make important decisions regarding their children. Some of the most crucial decisions involve creating a parenting plan. The parenting plan documents which parent is entitled to spend time with the children and when, including details such as holidays, vacations, birthdays, school breaks and other circumstances. There are some important things to keep in mind when creating a personal parenting plan.

Have you considered the advantages of joint custody?

If you and your spouse are a Texas couple contemplating divorce, both of you likely have greater concerns about your children than about anything else. Both of you love your kids and both of you want to remain as involved as possible in their lives. In other words, neither of you wants to be the parent who gets weekend visitation only. If this describes you and your spouse, you should consider joint custody. These arrangements have swept across the country in recent years, and the general consensus today among judges, state legislators, child psychologists and most parents themselves is that joint custody is best for the kids and parents alike.

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