Up until the past 20 years or so, it was generally assumed that in a child custody case, the mother would likely get primary physical custody of the child and the father would have visitation. However, as societal norms have changed, so too has the attitude about fathers’ rights to custody, and the legal system is recognizing the importance of involving fathers in their children's lives post-divorce. The following are some of the reasons why these changes have taken place. If you would like to learn more about the father’s rights and child custody regarding your situation, contact The Ramage Law Group for more information.

Gender Equality

One of the key arguments supporting a father's right to custody is the principle of gender equality. It is widely acknowledged that both parents play crucial roles in a child's development and well-being. Granting equal custody rights to fathers ensures that they have the opportunity to build strong relationships with their children and be actively involved in their upbringing. This benefits not only the father but also the child, as it provides them with a sense of stability, emotional support, and access to a diverse range of parental perspectives.

Best Interest of the Child

Another crucial aspect of supporting a father's right to custody is the best interests of the child. Every state, including Texas, bases child custody decisions on the best interest of the child doctrine. The court will consider the child’s age, the relationship the child has with each parent, and the ability of each parent to provide a nurturing and stable environment for the child. This doctrine applies to both parents.

When a couple decides to end their marriage, there are many issues that need to be decided. One of the most important issues is what type of child custody arrangement will be worked out. This can also turn into one of the most contentious issues that linger long after the ink has dried on the divorce decree.

Depending on the age of the children, it is not uncommon for there to be modifications to the original order, especially if there has been any significant change in the circumstances of either parent or the child. If you are considering a custody modification, it is essential to understand the legal requirements and the factors that the court will consider when making a decision.

Reasons for Modification

Texas has very specific rules regarding when a parent can file for custody modification. Otherwise, given the acrimonious relationship many co-parents have, the Texas family court system would likely be overrun with modification petitions for issues that parents should be able to work out without the court’s intervention.

One of the topics divorcing couples most frequently disagree about is that of child custody. The stakes can feel very high and, because people often get divorced due to  differences in parenting strategies, coming to an agreement about how to manage the children’s schedules can be very difficult. 

This is especially true when a divorce involves a parent who wants to relocate with a child. However, this complex situation can also occur after divorce as well, often leaving both parents wondering what their options are. If this situation sounds familiar to you, read on for an overview of how relocation with a minor child may be permissible for a parent sharing custody, and then contact a Texas child custody lawyer for help with your case. 

Shared Custody and Child Relocation

If parents are getting divorced and one parent wants to move away with a child, that needs to be part of the divorce agreement, which will be approved by a judge. Sometimes, a judge will not approve the separation of a child from his or her other parent, and the parent who wishes to move away will either have to do so without the child or adjust plans. 

Last week, a federal appeals court in Texas struck down a 30-year-old federal law allowing the government to prevent people who have restraining orders against them from owning firearms. Previously, those who had received restraining orders could have their firearms removed from the home by local police and could be specifically prohibited by the order from handling or having weapons. 

The ruling was handed down after police in Texas discovered that a man with a civil protective order against him for harassing his ex-girlfriend had two guns in his home, despite the order prohibiting him from having firearms. The man pleaded guilty to having the firearms, but challenged the law that said the protective order could prohibit him from having a gun, and an appeals court agreed. The U.S. Justice Department is expected to challenge the ruling, which currently only affects Texas, Louisiana, and Mississippi. 

What Does This Mean For Existing Restraining Orders? 

As the law currently stands, states with their own laws prohibiting recipients of protective orders from having guns will still stand. However, in Texas, having a protective order no longer allows the government to disarm someone. This does not change the laws that say someone convicted of a misdemeanor crime of domestic violence or of certain other crimes, including felonies, cannot own or handle firearms. 

If you’re a parent, or grandparent, or even merely a concerned member of society, you should be aware of the basic purpose and operations of Child Protective Services (CPS) here in Texas. CPS performs a variety of specific functions, but all functions are ultimately carried out for the purpose of maximizing the safety and wellbeing of children. Here in the State of Texas, CPS is actually one of the departments of the Texas Department of Family & Protective Services (DFPS). 

We will devote several articles to CPS, with each article focusing on one particular aspect of its operations. In this post, we will concentrate on the termination of parental rights. As many people are aware, CPS can file a petition to terminate parental rights if CPS feels that such a motion is necessary. However, this can only be successful if certain conditions are met.

Grounds for Termination

In order for CPS to terminate a parent’s parental rights, two hurdles must be met: (1) CPS must identify and demonstrate the ground for termination, and (2) the termination must be in the child’s best interests. On the first hurdle, CPS must show through “clear and convincing” evidence to a judge or jury that the cited ground for termination exists. At the present time, the Texas Family Code recognizes a total of 21 separate grounds for termination of parental rights. The rationale of these grounds is self-evident; for instance, the first ground referenced in the Texas Family Code is leaving the child with another person, not the other parent, with no intent to return. Another ground is engaging in conduct which places the child at risk of serious physical or emotional harm.