Disputes over Legal Custody

The term “legal custody” refers to that aspect of child custody that involves making important decisions about the child. In most cases, the parents will share legal custody, where they both have the legal right to make decisions about the child’s life. However, that is not always the case. In some situations one parent will have sole legal custody of the child, whereas the other parent does not have the legal right to make decisions on the child’s behalf.

Joint legal custody does not always mean that both parents have equal visitation of the child. Even though the child might live with one parent and visit the other on alternating weekends and one evening a week, both parents can maintain legal custody over the child. This means that the parent with visitation rights can have equal rights over making decisions for the child. If you need help with child custody or visitation, contact a Houston family attorney without delay.

Decisions relating to legal custody would include where the child attends school, what activities they participate in, and what religion they are raised in. Legal custody also allows both parents to consult with doctors, psychologists, school counselors and other officials about their child’s welfare.

 Generally speaking, the parent with physical custody has the right to decide where the child will live. However, the divorce decree can include stipulations limiting how far away the custodial parent can move with the child. The stipulations can be limited to a city, county or state. With such stipulations, the custodial parent would have to petition the court for a modification to move out of the boundaries outlined in the divorce decree.

Disagreements over Child Custody

Disagreements over child custody can arise at any point in time once divorce proceedings are commenced. Disputes can arise in the very beginning in a contested divorce, or they can also arise later on as circumstances change. Either way, the parents disagree on who should get the kids. One parent can become ill, or lose their job, thus their ability to care for the children. Or, one parent can develop a drug or alcohol habit, or have an abusive lover move into the family home. Perhaps the custodial parent was fine in the beginning, but as their personal life became more important to them, their children’s lives took a back seat, and they became neglectful caregivers. Whatever the reason, if you are involved in a custody dispute, you should contact a Houston custody lawyer from the Law Office of Dan Kirby for professional, legal assistance on your custody matter.

Contact a Houston custody attorney from our firm for a free initial consultation.