Sometimes I hear a question about how a minor can become emancipated from their parents. Generally speaking, a court in Texas may allow a minor to become emancipated in certain circumstances if the child is over the age of 16. Emancipation of a minor can have a vast effect on what a minor can and cannot do and the rights of parents.
As responsible co-parents you know the importance of following the court order regarding custody and visitation of your children. It is likely that you had to endure a great deal to get it, whether you reached it by agreement or a Texas family court ordered it. Sometimes, however, issues arise that make following the court order more difficult then anticipated. One of those issues is when a child refuses to comply with the court order by going with the other parent during their visitation time. Although this situation may be completely out of control it can have far reaching consequences for you and for your family.
Why change a court order?
There are many people who have gone through a divorce or child custody lawsuit and have consequently, whether through agreement or otherwise, obtained orders from a court outlining the rights and duties of parents, child support, and visitation with children. You may think that these orders are forever set in stone, that is not always the case. It is true, however, that child custody orders can have a long lasting effect because they usually don't change until further order of the court or the child or children turn 18. That being said, in the modern era where people are increasingly mobile, and electronically connected, life can change in an instant making following a previous custody order difficult or impractical. There are innumerable ways in which lives can change and sometimes this change can make following a current custody order impossible or even dangerous for the children. Simply put, a court order that was workable at one time may not be later. But even though child custody orders can be modified when there is a change in circumstances (more on this below) a court will not change a child custody order unless it is in the best interests of the child.
Child custody laws in Texas can be confusing and going through a child custody court case can be an extremely taxing experience. If you have a basic understanding of the laws in Texas regarding child custody then you can help yourself in minimizing the stress. Read on to learn about some of the major points in a child custody case.
There are a number of reasons why a court may order that a non-custodial parent's visitation with their child or children be supervised. Some of the most common reasons, but not all, include alcohol and drug problems, the previous commission of physical or verbal abuse by the non-custodial parent against the child or a family member, or mental illness that results in unsafe behavior around the children. A court can also order supervised visitation if they think that the non-custodial parent may take the child and not return them as ordered. Courts generally order supervised visitation when they believe that the behavior of the supervised parent could affect the safety or security of the child. The court places utmost importance on what is in the best interests of the child. There are certain instances when the court could consider the child's preferences.
To begin, good first question would be where to find the laws on child custody in Texas. The answer is that many Texas child custody laws are codified under Title 5 of the Texas Family Code. The rules are very complex and this article is just a brief introductory guide. To get specific details about your case please call my office to schedule an appointment. That being said, let's dive into a general description of child custody in Texas.
Chad Zubi Houston Family and Criminal Law Attorney.