The New Year is always a good time for personal changes and after another stressful Holiday Season with your kids and Ex, you have decided to make some serious changes in your child custody situation to stabilize the entire family. Mom is not helping and the children are seriously acting out. What to do? What to do?
Maybe it is time to look at changing your child custody status with the children or at least modifying the current orders. Many changes have occurred in American Family Behavior and fathers are taking a more active role in their children’s lives. The Pew Research Center has recently published some new research on today’s fathers with some important and surprising changes:
Fewer dads are the family’s sole breadwinner: dual income households are now the dominant arrangement (60%). Both mom and father must now be responsible for child raising and home chores.
Dad and mom roles are converging: fathers have taken on more housework and child care duties and moms have increased time spent at a paid job. There is definitely a more equal distribution of labor between mother and fathers in today’s world.
Fathers feel they spend more or as much time with their children as their fathers did when they were children
With the latest scientific research showing that a father’s involvement is essential to a child’s social, moral, and physical growth during the adolescent period, many state legislatures and family courts are now recognizing a father’s ability to care for his children as equal to the mother. Courts are also looking at the more stable parent, who may have a better income and parenting plan in place for the child and is capable of providing a better home life and more quality time with the child.
Another reason for changing opinions regarding fathers’ rights child custody issues has been the high divorce rates and the affect it has had on the USA population life experiences. Many adults have been raised in a divorced home with Mom as the main custodial parent. Now these adults are divorcing they want a different and better experience for their own children and their lives.
Things you want to consider as you prepare for your child custody battle are:
Who has the financial ability to best care for the child (ren)? Be sure to have income tax verification, W-2 Forms and other financial information available.
Establish a detailed viable parenting plan (child care, after school care, transportation, pediatrician, etc.).
Who is more stable and/or can provide the best home for the child (ren)?
Where has the child (ren) been attending school? Is it possible to keep the child (ren) in the same school district?
Prepare a chronology of events leading up to the divorce including treatment of the child(ren), time spent with the child(ren), activities with the child(ren), the child(ren)’s schedule.
Consider if a home study should be prepared regarding each home of the child (ren).
Consider whether a psychological evaluation should be done on the mother?
Is drug testing necessary? (Be sure to request hair follicle drug testing.)
Is there an alcohol or other addiction problem in the home?
Who can provide the best moral upbringing for the children?
Is there evidence such as pictures, social networking sites, video tapes, texting, etc. that may help your case?
Avoid unnecessary compromising photos, data on social networking sites, or texting!
Just Remember the five biggest mistakes men make in a custody suits are: 1) failing to respond to the legal action itself; 2) obtaining incorrect child custody legal advice (from friends and family rather than a legal expert); 3) signing a quick child custody settlement agreement while passions are high that is later deeply regretted; 4) failing to perform under the actual settlement agreement as signed; and 5) getting frustrated and/or acquiescing to unreasonable demands and orders.
Think smart when contemplating Child Custody Modifications, be prepared and get an experienced legal professional to help you accomplish your goals!
The number of fathers caring for their children is growing at a rate almost twice that of single mothers. The bottom line is more men are choosing to be hands-on fathers. In addition, presumed joint custody — or shared custody by both parents of children of divorce — is now the law of the land in most states.
Scores of research have documented the positive effects of a father’s involvement in a child’s life. Regrettably, currently approximately 30% of American children live without their father’s involvement in their life.
As the number of women in the work force has increased, some men appear to have become more involved in fatherhood and show greater interest in child-care responsibilities. With more women in the workplace than ever before — 68% of women with children under 18 — divorce courts in most states are not simply awarding custody and care of children to mothers by default. In some cases, the mother has neither the time, nor the will, to care full time for her offspring. In other cases, she may not have the financial means. The gradual progress towards leveling the playing field for women at work has resulted in slowly leveling the playing field at home. The law is beginning to catch up as well. Divorce laws of more and more states are taking into account the importance of children maintaining relationships with dads as well as moms after divorce.
Following is a sample of what other sources have had to say about the risks faced by fatherless children:
- 63% of youth suicides are from fatherless homes (Source: U.S. D.H.H.S., Bureau of the Census)
- 85% of all children that exhibit behavioral disorders come from fatherless homes (Source: Center for Disease Control)
- 80% of rapists motivated with displaced anger come from fatherless homes (Source: Criminal Justice & Behavior, Vol 14, p. 403-26, 1978.)
- 71% of all high school dropouts come from fatherless homes (Source: National Principals Association Report on the State of High Schools.)
- 70% of juveniles in state-operated institutions come from fatherless homes (Source: U.S. Dept. of Justice, Special Report, Sept 1988)
- 85% of all youths sitting in prisons grew up in a fatherless home (Source: Fulton Co. Georgia jail populations, Texas Dept. of Corrections 1992)
After economic factors are excluded, children reared in fatherless homes are more than twice as likely to become male adolescent delinquents or teen mothers.
Recent studies have suggested that children whose fathers are actively involved with them from birth are more likely to be emotionally secure, confident in exploring their surroundings, have better social connections with peers as they grow older, are less likely to get in trouble at home and at school, and are less likely to use drugs and alcohol. Children with fathers who are nurturing, involved, and playful also turn out to have higher IQs and better linguistic and cognitive capacities.
The divorce process is difficult for all involved. It is far better for the children if the parents are able and willing to place them outside of difficult divorce issues. Children want to run and laugh and play. In many cases they are not mature enough to process adult issues. Keep heated issues between the adults and away from hearing range of the children. No matter how angry a parent is, they should promote the children viewing the other parent in a positive light. Children need positive role models. Even if a parent feels the other parent has wronged them, it is just as wrong for that parent to take away the ability for their children to have a parent they can be proud of and look up to.
When the custodial parent of a child dies, in the state of Texas, not only is the child and family union devastated, but now is presented the difficult issue of who will become the child’s guardian. Who are the possible candidates that may be legal guardians?
- Non- Custodial parent, if paternity is acknowledged
- Other relatives
- Godparents, Family friends, Neighbors
- State Foster System
Usually, the surviving non-custodial parent will have an automatic right to custody of the child. Texas law favors a child having a solid relationship with both parents and in the event of death, the living parent will take over permanent exclusive custody of the child. What factors should be considered in the child’s best interest that could determine custody by the surviving parent if he/she is not appropriate for the child?
- Did the court, after the divorce, terminate your parental rights in a legal proceeding? If the non- custodial parent had legally been terminated of his/her parental rights this is binding and the terminated parent WOULD NOT be granted permanent custody of the child.
- What if the custodial parent remarried and the new stepparent legally adopted the child? If the child was legally adopted by the stepparent and the non-custodial parent had waived their parental rights, the stepparent would be granted permanent custody of the child.
- What if the non-custodial parent has acknowledged parentage, but paternity has not been established? To be entitled to custody of the child, the father would first claim parental rights through paternity testing to determine if he is the biological father of the child or if he has signed the child’s birth certificate. After Paternity is established, a separate legal proceeding may need to be initiated to override the terms of the mother’s will.
- What if the Custodial Parent created a will that stated the grandparents/godparents would take over as the legal Guardians of the child in the event of death? Many parents will request a particular person or group, such as grandparents, relatives, or godparents to become guardians for their minor children in the case of their demise, but a child is not a piece of property to give away to others when the other biological parent is living. The judge will view what is in the best interest of the child and will always first look at the surviving parent. If this parent meets basic standards the child will live with this parent. If the surviving parent cannot serve the child’s best interest, then the judge will consider the guardian designated in the deceased parent will.
Nacol Law Firm P.C.
This is a “Never Want to Live Through” Scenario: After a family breakup or divorce, your kids are picked up by your Ex and they all disappear! Where are they? Are they in danger? Will I ever see my children again?
After you get over your shock, the main question you will ask is: What can I do to get my children back?
- Thinking clearly, you must respond quickly. Time is of the essence.
- Contact the police immediately. You need to tell them that the runaway parent may have taken the children without permission. Make sure that you have your certified legal court orders that pertain to your parental arrangement agreement concerning your children. It is important to be able to show the police the specific orders and how important it is to find the runaway parent and kids!
- Make a list of possible locations the runaway parent may have taken the children. This helps the police in their search.
- Contact a family law attorney immediately. After the runaway has occurred, there will be court intervention to prevent any further occurrences. Custody and supervised visitation issues will also need to be addressed.
If you were never married or divorced from the runaway parent, or if you have no legal court orders concerning or establishing custody and visitation rights in place, this could be a serious impediment in securing help to find your children.
At any time this could happen to you! If your legal position concerning custody and visitation with your children is in limbo, go secure a family law attorney and the help you need to protect your kids.
If a custody agreement is in place with the courts, it is legally binding. If the runaway parent violates the agreement terms, this parent is in violation of the law and will likely face some serious legal problems.
Many times, the runaway parent may take the children out of your area and may even cross state lines. This violation in your custody/visitation agreement could be considered parental kidnapping if the runaway parent moved without telling you the new residence of the child or without getting legal permission through the court to move or modify the custody order.
When the runaway parent and children are found, this is what could happen:
- Custody Arrangements will legally be changed by court orders. You will most likely be awarded protective orders or custody with the runaway parent receiving supervised visitation or no contact with the child.
- The runaway parent may also face criminal charges and jail time.
Out of State Child Relocation and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
In today’s hectic pace, moving to another state for business, family demands, or pleasure is a very common occurrence. But what about the family that is separated by divorce or separation and share custody of their children? What happens to this family situation when Mom or Dad decides to take another job or wants to move to another state and take the children to or from the other? A Child Custody Relocation Case?
Sadly this happens frequently. Most Texas attorneys employ a geographic restriction in divorce decrees for couples who have children. These restrictions dictate that the Child and Custodial Parent must live within a school district, County of Domicile, or consecutive contingent counties near the non-custodial parent. But what happens if this restriction clause is not contained in the divorce decree or if Dad/Mom were never married?
Forty Nine States, including Texas have adopted the UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA is a very helpful law since all states but one participate in the determination of the ”HOME STATE” and which jurisdiction will handle the family case. UCCJEA also helps to protect non-custodial Parents fighting for child custody out of state when their children have been moved to another state or over 100 miles away from them.
How does The State of Texas treat an initial Child Custody determination?
Texas Family Code 152.201 of the UCCJEA states, among other things, that a court may consider custody issues if the Child:
*Has continually lived in the state for 6 months or longer and Texas was the home state of the child within six months before the commencement of the legal proceeding.
*Was living in the state before being wrongfully abducted elsewhere by a parent seeking custody in another state. One parent continues to live in Texas.
*Has an established over significant time relationships with people (family, relatives or teachers), ties, and attachments in the state
*Has been abandoned in an emergency: or is safe in the current state, but could be in danger of neglect or abuse in the home state
Relocation is a child custody situation which will turn on the individual facts of the specific case, so that each case is tried on its own merits.
Most child custody relocation cases tried in Texas follow a predictable course:
- Allowing or not allowing the move.
- Order of psychological evaluations or social studies of family members
- Modification of custody and adjusting of child’s time spent with parents
- Adjusting child support
- Order of mediation to settle dispute
- Allocating transportation costs
- Order opposing parties to provide all information on child’s addresses and telephone number.
There is another important cause of action in Texas where the court will “take “EMERGENCY JURISDICTION’ over a case even though another state has the original jurisdiction. If the opposing party can prove that a legitimate emergency exists and Texas needs to assume the jurisdiction. These emergency situations could be abuse of the child, abandonment or cause neglect of the child, or any action that would put the child in immediate harm’s way.
The Nacol Law Firm P.C. @ www.nacollawfirm.com is committed to helping parents have the right to have frequent and continuing contact with their child at all times and encourage parents to co-share in the rights and duties of raising a stable, loving child. Many times, because of parental alienation or other personal factors, a child will be taken away from the non-custodial parent and this can cause some serious mental and behavior problems for the child which could follow her/him into a lifetime adult situation.
Sometimes you can settle, SOMETIMES YOU FIGHT FOR YOUR RIGHT! We can help!