A parent can ask the judge to interview the child in chambers. Two more expensive options are to ask for the appointment of a lawyer for the child an amicus attorney or for a custody evaluation by a psychologist.
The child can tell the amicus attorney or the custody evaluator who he or she wants to live with and that will usually be reported to the judge. Another option is to take the child to a counselor who can be called as a witness in court. A counselor will usually be allowed to testify about what the child wants and why despite the rules against hearsay. However, questions can be asked of parents and other witnesses that let the jury know with whom the child wants to live. Ordinarily, a child is not called as a witness in a trial but it can happen.
The amicus attorney can let the jury know who the child wants to live with, as can a custody evaluator or counselor called as a witness. Home About Greg B. Courts Harris Co. As a general guideline, as the child ages from 12 onward their influence upon the court will become greater and greater.
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We will see. We will reconvene in 8 weeks to see if you have done any voluntary visitation with your Dad. It is about the child.
When a Child Can Choose?
Ask yourself, who is the primary caregiver or better able to support the emotional needs of the child? Who has more time to spend with the child? Who is able to provide the better financial support? Who is more involved in school and extracurricular activities? The foregoing list is not exhaustive, but does indicate a number of considerations which either have been and are pertinent to any child custody case.
Get In Touch. Email Address. Contact Us Lawyer Earl Jackson Lawyer Family. Generally, the child custody case is a contest to determine who will have two exclusive rights: The first, the right to determine the residence of the child subject to a geographic restriction and, The right to receive and give receipt for child support. Who gets the child ready for school? Who makes sure the child has a lunch or lunch money? Who takes the child to school? Who tracks school events on his or her calendar?
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Who picks the child up after school? Who makes sure the child is in an after school care program?
Who makes sure the child is doing his or her homework? Who helps the child with his or her homework?
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Who eats dinner with the child? Who watches TV or picks movies to watch with the child? Who makes sure the child is brushing his or her teeth properly?
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Who makes sure the child is bathed? Who makes sure the child has clean clothes for school? Who plays games with the child or builds models with the child? Does the child have chores?
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If so, who makes sure that the child does them? Who makes sure the child does his or her school projects? Who helps the child with the projects? Who makes the dentist appointments? Who makes sure the child is properly vaccinated in accordance with Texas Law? Who makes sure the child has friends and playmates? Disclaimer: The Texas State Law Library is unable to give legal advice, legal opinions or any interpretation of the law.
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General Information. About This Guide This research guide is intended to help you locate accurate legal information about child custody, support, and visitation in Texas. Texas Family Code, Chapter Texas law sets forth the rights and responsibilities of a parent regarding their children. The law uses the neutral term "parent," and does not grant different rights or responsibilities to mothers or fathers.
Texas Family Code, Chapter This chapter establishes the process and grounds for modifying an order regarding child possession, access, or support. Texas Family Code, Chapter This chapter creates the procedure for enforcing a suit affecting the parent-child relationship.
Texas Family Code, Chapter This chapter outlines the ways in which paternity or parentage is presumed or established in Texas. It provides a close look at the legal process for those unfamiliar with court proceedings in an effort to make the experience less difficult.
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You will find forms for the original suit as well as forms for a response. Modification Kit Request to change a court order for child custody, visitation, and support. Modification Response Kit If the child's other parent has filed a suit to modify a support, visitation, or custody order, you will need to respond.