Paula Lock Smyth Law Offices
“Train up a child in
the way he should go
and when he is old,
he will not depart
from it.”
Proverbs 22:6

Child Custody Archives

Residency restriction issues can affect Texas parents

When two parents in Texas split up, it raises a whole host of legal issues surrounding the care of their child. Naturally both parents want to maintain a nurturing relationship with their child, and to that end, in child custody cases, Texas courts aim to see that a child is given the opportunity to spend frequent and regular time with both of his or her parents. This means that sometimes the court will put a residency restriction in place when two parents have a child together but have divorced or broken up. What a residency restriction does is keep the custodial parent from taking the child and moving away from the county where the case was filed, or away from any surrounding counties. Of course, the parent is free to move away alone.

Rights of a parent with regard to child custody in Texas

Many people in Texas are parents. While the parents are together, co-parenting and raising a child can be a little simpler. However, when parents divorce or split up, the parenting dynamics change drastically. The children obviously cannot be in two places at one time. In many situations, the children will end up splitting time between both parents' abodes. The parents will also still have to make decisions regarding the child's upbringing.

Shared parenting benefits children of divorce

Although a divorcing couple agrees to end the legal relationship with one another, when there are children involved the relationship never really comes to an end. In some divorces, where the split has not been amicable, ex-spouses may have no interest in speaking to one another but, according to the Attorney General of Texas, shared parenting can be very beneficial for children after a divorce.

Can children choose who to live with in a divorce?

Many couples in Texas may be under the misconception that when a child reaches a certain age they can decide which parent they want to live with in the event of a divorce. However, this is not the case. There are certain provisions in the Texas Family Code regarding the right of children to express their wish of where they want to live, but there is no obligation for the judge to fulfill that desire.

How are location services used for Texas child custody cases?

In Texas, there are times when a parent must be located. For that, there is a program that the state will assist with in locating the parent. This is something that can be used for several reasons including the following: for the establishment of a court order regarding paternity, child support or medical support; to seek child support that has been ordered by the court or for the enforcement of a child custody order or visitation order.

Assisting grandparents exercise their rights

There is no doubt that the relationship between grandparents and grandchildren is unique, but in child custody cases, the rights of grandparents are not always clear. Sometimes, it is necessary to turn to an experienced attorney to guide grandparents through the legal maze.

What rights do grandparents have after parents divorce?

When a couple ends their marriage with one another, perhaps their feelings and their children's wellbeing is their focus at that emotional time, so family members such as grandparents might end up in the dark. Many grandparents in Texas have strong and healthy bonds with their grandchildren, and after a divorce, they are suddenly left with few options with regard to visiting their grandchildren or having their grandchildren visit them, especially if the divorce was a messy one. In some limited circumstances, grandparents may wish to take custody of the children. But, what exactly are the rights of grandparents in child custody cases? There is no straightforward answer to this question.

Can I relocate with my children after divorce?

When Dallas couples get married, they often begin a new chapter of their lives by promising to stay together for the rest of their lives. You might have children and aspire to raise them to the best of your ability and provide the best for them. However, people, situations and lives change, potentially leaving you at odds with your spouse. This could cause you to face off in an amicable or hotly contested divorce and child custody battle.