Family law is one of the most emotionally
charged and contentious areas of the law.
Of all the sub-areas within family law, child custody is often the
most difficult issue to resolve amicably.
The most common and contentious issues in a custody battle are where
and with whom the child(ren) will reside, who will have the authority to make
important health and education decisions, and how often will each parent see
the child. The Texas legislature
and the courts have made major steps toward alleviating some of the potentially
explosive issues involving custody but they can only go so far.
Possession in Texas is based on
the rebuttable presumption that parents should act as Joint Managing Conservators
when raising their children. This is a rebuttable presumption, and the courts are granted
wide discretion to make decisions that they feel are in the best interest
of the child and that may not be consistent with the concept of Joint Managing
Conservatorship. Family law courts
are seldom overturned on appeal due to the broad discretion afforded them
under the law; thus, parents must work closely with their attorneys to ensure
the court considers their arguments in a light most favorable to them.
Although child custody is often an intricate part of a divorce proceeding,
it can also be an independent cause of action.
Often parents request a modification of custody because the original
arrangement has proven unworkable.
The parent will file a motion in the court of original jurisdiction (where
the original order was granted) to modify the original orders.
A parent might wish to gain sole custody or to modify the original terms
of possession.
As always, with such important issues at stake, it is wise to first consult
an attorney before signing or filing any legal documents.
