Is a Parent With Sole Legal Custody of Children Next of Kin in Texas?
Although joint custody is preferred under Texas law, there are instances in which one parent is granted sole custody of a minor child. The ramifications extend beyond custody issues when a parent is granted sole custody of a child. Indeed, they extend to identifying the legal next of kin of the child.
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Significance
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When a parent is granted sole custody of a minor child in the State of Texas that individual possesses legal authority to make all decisions in regard to that boy or girl. The other parent has not decision making authority.
Rationale
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The rationale behind granting sole custody to one parent is that the other lacks the ability or status--for any host of reasons--to make appropriate decisions pertaining to the welfare of the minor child.
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Effect
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Under sole custody only one parent maintains legal authority over the welfare and wellbeing of the child. Therefore, because the other parent is completely removed from decision making, the parent with sole custody is legally identified as the next of kin.
Potential
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Because the parent with sole custody is the next of kin of the child, if the child faces a medical emergency or a similar situation, it is that parent alone who will make all decisions pertaining to the child.
Identification
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A standing order of the family court in divorce, paternity or child custody case will identify the type of custody assigned to a parent.
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References
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- Photo Credit Image by Flickr.com, courtesy of Ben Ostrowsky
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Comments
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look4writing
Oct 28, 2009
Sound like the other parent gets the gong, I bet most of them do not know this .5* and R This meter will not work also nee3d to check that L4w
