How Judges Decide Plano TX Child Custody

By Dorothy Harris


Parents who are unable to raise their children together in shared household are obligated by law to settle custodial issues in court. One parent cannot simply lay claim to kids who are under the age of 18. The kids are entitled to full access to both parents as long as both the mom and dad are safe and not abusive. However, many former spouses and partners cannot settle this legal issue on their own. They often have to file a case in Plano TX child custody court to resolve the matter permanently.

Every order is issued by a judge who presides over the case. The case itself does not necessarily require a court appearance. It can go through attorneys for both sides. However, it does entail the letter of the law, which itself may take into consideration what an older child has to say about the situation. In this instance, the child would be asked for his or her input.

Most judges will allow kids over the age of 13 or 14 to void an opinion. A child over this age is generally deemed mature enough to have a good grasp on the situation. He or she may be able to say what parent he or she wants to live with and explain why before the case is settled.

The fact that a child voices an opinion does not mean that the judge has to decide as the boy or girl stipulates, however. Despite being deemed mature enough to have a say, the son or daughter is still viewed as a legal minor and thus not entirely capable of deciding what is and is not in his or her best interest. At best, a judge can consider what the child has to say and use some or all of the details to render a decision.

As with every case, the order hinges on how safe each parent's household is and what kind of money the mom and dad make separately. Moms are no longer deemed the default custodial guardian. A growing number of fathers are being granted primary custodial rights to children under the age of 18.

The parent who earns a good income and maintains a safe and clean house typically makes the best impression in court. The presiding judge may allow the kids to remain with that parent while granting shared custodial rights to the other. The decision is designed to make sure the minor kids are provided for and safe from harm and abuse.

Custodial arrangements also stipulate if or when kids are permitted to leave the city or state with the other parent. A mom or dad cannot simply move the kids away or take them out of the country without permission from the other parent or the family court. These orders remain in effect until the kids turn 18 or the judge issues another set of orders.

Either parent who breaks the order rendered by the judge could face legal action including jail time and fines. The judges in these child custody cases have the legal duty to make sure children are given access to both parents. The custodial decision can and will be enforced under Texas law.




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