Most parents in Texas hold an abiding desire to care for their children and be a part of their life. A divorce between a couple who has children can be a highly emotional experience. Of all the issues requiring resolution prior to the final signing of papers, the determination of child custody is often the most important and as such it can be the most contentious.
Sometimes the court grants only one parent physical custody of the child or children, which places the other parent in the position of being non-custodial. The non-custodial parent will normally have limited visitation rights, as well as other rights regarding involvement in their children’s lives. It is very important for the non-custodial parent to be apprised of both of the legal process regarding court determinations of custody, as well as the conditions of visitation laid out in custody orders.
The court’s determination of physical custody is based upon its belief of what constitutes the best interest of the children. Primary concerns include which parent is capable of providing the best care for the children as well as who is more capable of offering stability with minimal disruption to their lives. Non-parental custody is a possibility in the event that neither parent is able to properly care for the child.
A parent designated as non-custodial will receive a custody order from the court. All pertinent rights and responsibilities will be contained in the custody order. The custody order details the specifics of visitation rights. Violation of the terms of this order can hold legal repercussions.
The court establishes custody orders based on its perception of what is best for the children involved. This is why strict adherence is so important. Efforts to undermine the order on behalf of either parent should not be tolerated.
Should a custody order be consistently violated by a custodial parent, the non-custodial parent does have possible recourse. An advisable course of action is to seek the services of an attorney. The attorney can request the court’s enforcement of the custody order. A Texas custody attorney may be able to represent your case to the court as a means of seeking remedy to the situation.
Source: latimes.com, “For Divorced Parents: Know Your Child Custody and Visitation Rights,” June 25, 2014