How Judges Decide Plano TX Child Custody

By Dorothy Harris


Family law in the state says that children have a right to know and have access to both biological parents. This stipulation hinges on the assumption that both parents are not abusive and are safe for the kids to be around of course. It also covers situations when neither parent wants to live with the other yet still wants to have a role in raising their children. This conflict rarely settles itself peacefully. Even if it did, it would have to be formally rendered and enforced through a Plano TX child custody order.

Each case is unique, which is why some judges want to know what the involved kids think about the situation. That is not to say that kids under the age of 13 or 14 will be given a say. This privilege to speak up about the case is typically reserved for teenagers who are deemed mature enough to give objective feedback about their parents and their living arrangements.

Kids over that age limit generally know with what parent they want to live and what parent they would rather visit on a frequent or infrequent basis. If the judge agrees, the teenager can give an account of his or her reasoning. This input is generally given in a closed doors session off limits to the mom and dad.

The fact that a child voices an opinion does not mean that the judge has to decide as the boy or girl stipulates, however. Despite being deemed mature enough to have a say, the son or daughter is still viewed as a legal minor and thus not entirely capable of deciding what is and is not in his or her best interest. At best, a judge can consider what the child has to say and use some or all of the details to render a decision.

Within the last few decades, mothers have been given a proverbial run for their money in court for guardianship of children. Moms are no longer deemed the default custodial parent. More dads are winning primary rights or shared visitation with their kids. The entire decision is based on who can provide the safest and most stable household.

Father likewise may look better as a guardian if they earn solid incomes and can offer protection like health insurance to their dependent kids. These stability factors mean that the kids will be well provided for and safe. Some moms cannot offer that level of security particularly if they do not have an income and have nowhere to live.

The order typically also will spell out in no uncertain terms what will happen if either parent takes the minor children and leaves the city, state, or country. Custodial arrangements function best when both parents are located in the same vicinity of each other. One person cannot try to escape or hide the sons and daughters by leaving the area. Traveling may require another court order.

Parental kidnapping, failure to make support payments, or otherwise restricting access to the shared sons and daughters violate the child custody arrangements set up by the Plano family court. The judge has the right to issue an arrest warrant for the violator. The orders can also be changed if either parent shows irresponsible or dangerous behavior.




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