Child Visitation Assistance related to English post
These are fathers for equal rights articles related to English post.
These articles are provided by Child Visitation Assistance and are often representative of the types of matters on which Child Visitation Assistance provides assistance.
It’s common for divorcing couples to become extremely contentious when it comes to deciding issues of child custody and visitation. This is because most parents are devoted to the well-being of their children. They are determined to provide a loving and supportive atmosphere that best promotes the growth and development of the child. A parenting plan in Texas is a useful tool that helps parents to provide that atmosphere.
In 2005, the Texas government made parenting plans a mandatory component of all divorce proceedings that involved minor children. The idea behind the parenting plan is to minimize future disputes between the former spouses while also providing the child with the continuity and care that they need to navigate a difficult, emotional time.
Almost any configuration of a parenting plan is acceptable in Texas as long as the court agrees that the plan is in the child’s best interests. The parents may make a unique plan themselves with the help of their attorneys and perhaps a mediator who can assist them with any difficult factors. Once the parents agree on a parenting plan in Texas, it is presented to the judge, who will either approve of the plan or decide that it needs to be modified to better suit the child’s needs.
The court system requires several components to form a portion of all parenting plans in Texas. For instance, the plan must clearly define with which parent the child will live. This may mean that one parent has primary physical custody while the other parent has possession and access or “visitation” rights. Alternatively, parents who share custody with a joint managing conservatorship may split the child’s residence depending upon certain days of the week or weeks of the month.
Another important component of a parenting plan involves choosing which parent has the right to make certain decisions. Some parents may make joint decisions regarding invasive medical procedures, where the child attends school and where the child lives. In other plans, one parent will make all of the major decisions concerning the care of the child.
Parenting plans are not a one-size-fits-all proposition. Each one can be uniquely crafted to reflect the needs and desires of an individual family. This can be a difficult and contentious process during which it may be advisable to seek legal counsel and adviceprofessional help and guidance. Text or call the American Family Law Center for more information.
Usually, it is pretty clear who a child’s parents are – but not always. Sometimes, it takes a court to make the final determination of the identity of one of a child’s parents. In Texas, an Adjudicate Parentage proceeding is used to ask a court to make this determination. The Uniform Parentage Act (Texas Family Code Chapter 160, sections 160.601-160.636) provides the procedures for filing an Adjudicate Parentage action. Although the law can be used to determine the identity of a child’s mother or father, it is most typically used to determine the identity of a child’s father.
Who Can File for Adjudication of Parentage in Texas?
The Uniform Parentage Act permits Adjudicate Parentage actions to be filed by:
The child or his/her representative;
A man whose paternity is to be determined;
The child’s mother;
Support enforcement agencies;
Adoption and child placement agencies;
Individuals who agree to be the parents of a child born by assisted reproduction; and
The representatives of any deceased individual who could have brought an Adjudicate Parentage action while living.
What Is the Process for Filing for Adjudication of Parentage in Texas?
The first step in filing an Adjudication of Parentage action is to file a
completed “Petition to Adjudicate Parentage” with the appropriate court. The law has several criteria for how long someone can wait to bring an Adjudicate Parentage action. In general, if there is no presumed father there is no time limitation, but if there is a presumed father the action must be filed within four years of the child’s birth. In addition, there are special rules that may change the time allowed to file an action and Adjudicate Parentage actions can also be filed before the child is actually born.
Regardless of who brings the Adjudicate Parentage action, the mother of the child and the man whose paternity is to be determined must be included in the proceeding. Once the petition is filed, the person bringing the action must serve the petition on the other parties involved in the case. Once they receive the petition, the other parties will then have to respond to the petition.
The final step will be a hearing before a judge. The law specifically states that Adjudicate Parentage actions will always be heard by judges and never by juries. In determining whether or not to issue an Adjudicate Parentage order as requested by the petition, the judge will consider evidence submitted by the parties, including the history of the relationship of the parties. It is common in Adjudicate Parentage proceedings for courts to consider the results of genetic testing, but the judge can also elect to completely ignore the results of genetic testing if doing so is in the best interest of the child.
If the Court issues an Adjudicate Parentage order, the person determined to be a child’s parent will generally obtain all the rights and responsibilities of being a parent, including custody/visitation and support obligations. However, based on the circumstances, the judge can also elect to issue an order that specifically details the rights and obligations gained by the newly adjudicated parent.
Need Assistance with Texas Adjudication of Parentage Proceedings?
If you are considering filing a “Petition to Adjudicate Parentage” or have been served with such a petition, and feel that you need assistance with the proceeding, you can text or call the American Family Law Center for help.
If you are ending a relationship with a woman with whom you have had a child you may be wondering what your rights are as the child’s father. A man can only obtain a father’s rights in Texas if he is considered the legal father under the Uniform Parentage Act (Texas Family Code Section 160 et seq.). But once the legal requirements are met to prove that you are the child’s father, you have numerous rights, including:
The Right to Seek Physical and Legal Custody of Your Child:
Under Texas law, the mother and the father have equal rights to be a child’s custodial parent. If you and your former partner are unable to reach an agreement on who will be the custodial parent, the Family Court will decide based on the best interest of the child. But even if you don’t end up being your child’s custodial parent, you still have many other rights under the law.
The Right of Regular Contact:
The right of regular contact means that if you are not your child’s custodial parent you will normally be given regular visitation with your child. You and your former partner can either agree on a set visitation schedule, or the court can order a visitation schedule that is in the best interest of your child. Texas courts almost never deny visitation but can in circumstances involving abuse, neglect, criminal activity, or in any situation where visitation would not be in the child’s best interest. Finally, when you have visitation with your child, your former partner is not permitted to interfere with that visitation, even if you are behind on child support payments.
The Right to Be Involved in Decisions Regarding The Child’s
Healthcare, Education & Religious Upbringing:
This means that you can participate in all decisions relating to your child’s healthcare, education, and religious upbringing. You have the right to help decide which doctors your child sees, and decide where your child goes to school and church. This also means that you will have the right to access your child’s medical and educational records as permitted by law.
The Right to Discipline the Child:
The law also gives you the right to be involved in the decisions regarding how your child will be disciplined for misbehavior.
The Right to Manage the Child’s Assets, and Financial & Legal Affairs:
The Texas Family Code also permits fathers to be involved in managing all of a child’s assets such as earnings or real property. In fact, you can be involved in managing all of your child’s financial dealings if he/she has any. In addition, if your child becomes involved in any legal proceedings, you have the right to be involved in those proceedings.
As a child’s father you also have any other rights which Texas law confers upon parents.
It is important to remember that your former partner as all of the same parental rights that you do. In addition, a court can grant any specific right solely to one parent or the other, which often happens when there is a history of the parents being unable to work cooperatively together to make decisions regarding the child. Finally, remember that in addition to these rights, as a father you will also have the continuing legal duty to support your child in every way.
If you would like additional help regarding father’s rights in Texas, you can text or call the America Family Law Center.
Parenting is regarded as one of the toughest jobs in the world. That is doubly true when divorce enters the picture. What was difficult when a couple was together can begin to seem impossible once they separate. That is just one of the reasons why it is crucial for people with minor children to understand parental rights in Texas.
When people begin to better recognize their rights as parents in Texas, they are more prepared to fight for those rights. In other words, if one parent is trying to deny the other parent’s access to the child, there may be legal remedies for the situation.
Texas Family Code defines the rights and duties of every parent in the state. Included in these rights is the physical possession of the child. This means that parental rights in Texas include the ability to have the child reside in the parent’s home without interference from the law. Of course, this right may be curtailed by a divorce decree or a parenting plan that stipulates other living arrangements for the child. In this type of situation, it could be a violation for one parent to have physical possession of the child outside of a pre-approved place and time, especially if the other parent is unaware of the child’s whereabouts.
Other parental rights in Texas include the right to participate in the child’s moral and religious development and to make important decisions on the child’s behalf. These decisions might relate to health care, dental procedures or psychiatric treatment. Other decisions might be about the child’s education, such as which school he or she attends. Once again, all of these rights are held by both parents unless a court orders a modification of these rights in the best interests of the child.
Texas courts prefer for children to have healthy relationships with both of their parents. Nonetheless, sometimes one parent decides that they
want to restrict the other parent’s access to their mutual child. If the parent has good reasons for doing so, then they may go through legal channels to have their parenting plan modified. Unfortunately, some parents decide to restrict the other parent’s access out of simple vindictiveness. In these cases, it is extremely helpful to know and understand your parental rights.
Text or call the American Family Law Center to learn more about Texas parental rights and how to fight for those rights.
Child Visitation Assistance related to English post
These are fathers for equal rights articles related to English post. These articles are provided by Child Visitation Assistance and are often representative of the types of matters on which Child Visitation Assistance provides assistance.
Creating a Parenting Plan in Texas That Works for Your Family
In 2005, the Texas government made parenting plans a mandatory component of all divorce proceedings that involved minor children. The idea behind the parenting plan is to minimize future disputes between the former spouses while also providing the child with the continuity and care that they need to navigate a difficult, emotional time.
The court system requires several components to form a portion of all parenting plans in Texas. For instance, the plan must clearly define with which parent the child will live. This may mean that one parent has primary physical custody while the other parent has possession and access or “visitation” rights. Alternatively, parents who share custody with a joint managing conservatorship may split the child’s residence depending upon certain days of the week or weeks of the month.
Parenting plans are not a one-size-fits-all proposition. Each one can be uniquely crafted to reflect the needs and desires of an individual family. This can be a difficult and contentious process during which it may be advisable to seek legal counsel and advice professional help and guidance. Text or call the American Family Law Center for more information.
English | Español
Posted: 7-23-2017Texas Adjudicate Parentage Proceedings
What Is Adjudicating Parentage in Texas?
Who Can File for Adjudication of Parentage in Texas?
The child or his/her representative;
A man whose paternity is to be determined;
The child’s mother;
Support enforcement agencies;
Adoption and child placement agencies;
Individuals who agree to be the parents of a child born by assisted reproduction; and
The representatives of any deceased individual who could have brought an Adjudicate Parentage action while living.
What Is the Process for Filing for Adjudication of Parentage in Texas?
The first step in filing an Adjudication of Parentage action is to file a
completed “Petition to Adjudicate Parentage” with the appropriate court. The law has several criteria for how long someone can wait to bring an Adjudicate Parentage action. In general, if there is no presumed father there is no time limitation, but if there is a presumed father the action must be filed within four years of the child’s birth. In addition, there are special rules that may change the time allowed to file an action and Adjudicate Parentage actions can also be filed before the child is actually born.
The final step will be a hearing before a judge. The law specifically states that Adjudicate Parentage actions will always be heard by judges and never by juries. In determining whether or not to issue an Adjudicate Parentage order as requested by the petition, the judge will consider evidence submitted by the parties, including the history of the relationship of the parties. It is common in Adjudicate Parentage proceedings for courts to consider the results of genetic testing, but the judge can also elect to completely ignore the results of genetic testing if doing so is in the best interest of the child.
If the Court issues an Adjudicate Parentage order, the person determined to be a child’s parent will generally obtain all the rights and responsibilities of being a parent, including custody/visitation and support obligations. However, based on the circumstances, the judge can also elect to issue an order that specifically details the rights and obligations gained by the newly adjudicated parent.
Need Assistance with Texas Adjudication of Parentage Proceedings?
English | Español
Posted: 5-27-2017Understanding Father’s Rights in Texas
The Right to Seek Physical and Legal Custody of Your Child:
The Right of Regular Contact:
The right of regular contact means that if you are not your child’s custodial parent you will normally be given regular visitation with your child. You and your former partner can either agree on a set visitation schedule, or the court can order a visitation schedule that is in the best interest of your child. Texas courts almost never deny visitation but can in circumstances involving abuse, neglect, criminal activity, or in any situation where visitation would not be in the child’s best interest. Finally, when you have visitation with your child, your former partner is not permitted to interfere with that visitation, even if you are behind on child support payments.
The Right to Be Involved in Decisions Regarding The Child’s
This means that you can participate in all decisions relating to your child’s healthcare, education, and religious upbringing. You have the right to help decide which doctors your child sees, and decide where your child goes to school and church. This also means that you will have the right to access your child’s medical and educational records as permitted by law.
The Right to Discipline the Child:
The law also gives you the right to be involved in the decisions regarding how your child will be disciplined for misbehavior.
The Right to Manage the Child’s Assets, and Financial & Legal Affairs:
As a child’s father you also have any other rights which Texas law confers upon parents.
It is important to remember that your former partner as all of the same parental rights that you do. In addition, a court can grant any specific right solely to one parent or the other, which often happens when there is a history of the parents being unable to work cooperatively together to make decisions regarding the child. Finally, remember that in addition to these rights, as a father you will also have the continuing legal duty to support your child in every way.
English | Español
Posted: 4-23-2017What Are My Parental Rights in Texas?
Texas Family Code defines the rights and duties of every parent in the state. Included in these rights is the physical possession of the child. This means that parental rights in Texas include the ability to have the child reside in the parent’s home without interference from the law. Of course, this right may be curtailed by a divorce decree or a parenting plan that stipulates other living arrangements for the child. In this type of situation, it could be a violation for one parent to have physical possession of the child outside of a pre-approved place and time, especially if the other parent is unaware of the child’s whereabouts.
Texas courts prefer for children to have healthy relationships with both of their parents. Nonetheless, sometimes one parent decides that they
want to restrict the other parent’s access to their mutual child. If the parent has good reasons for doing so, then they may go through legal channels to have their parenting plan modified. Unfortunately, some parents decide to restrict the other parent’s access out of simple vindictiveness. In these cases, it is extremely helpful to know and understand your parental rights.
English | Español
Posted: 4-9-2017can be contacted by
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