About Custody Laws in Texas
Thanks to the Uniform Child Custody Act (UCCA), child-custody orders are recognized and enforced in all other states. Generally, parents are given joint custody, which allows both parents to share responsibility for their child. Legal responsibility differs from physical custody; however, so even with joint custody, the child may live with one parent and only see the other for holidays and vacations.
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Types
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The most common type of custody awarded is primary custody. Both parents may still share in decision making. This is generally done if the parents will live 100 miles away from each other.
Function
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The purpose of custody law is to determine what environment is best for the child. In cases where both parents are qualified to care for the child, the court may call in witnesses and social workers to testify.
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Age
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Until a child is 3, he will often be allowed to live with only one parent, and the other parent may not have any overnight visits.
Time Frame
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Most custody is awarded on a standard possession order, which assumes that the child will live only with one parent. The other gets custody on alternating weekends and holidays, although the schedule may be changed if both parents agree.
Considerations
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When a child is 12 or older, he may make a formal request about which parent he wants to live with. The judge will consider it, but she does not have to honor the wishes of the child if she disagrees.
Warning
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If you are paying child support--and your spouse refuses to allow visitation--you must continue to pay the support anyway. You can then file with the court, and the other parent may be held in contempt.
Fun Fact
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As of 1998, very few states allowed grandparents to request visitation rights. By 2009, all states (except Washington, D.C.) have granted rights to grandparents.
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