Mediation and Child Custody

One issue that is best to deal with very early in the divorce process is that of child custody. Deciding child custody early on minimizes the stress from the divorce that is placed on children. For children, a divorce can be an extremely difficult and troubling experience. Custody battles tend to make these stresses far greater than they need to be. It is for this reason that the family court tries to deal with child custody issues as efficiently as possible. Often, when two parties cannot come to an agreement, mediation will be part of the process.

Child Custody Decisions

Few people that have not experienced a divorce first hand are aware of the processes involved in child custody decisions. The reasoning behind them can be quite complex. The goal of the court is to place a child or children with the parent that is able to give the best care and support. The parent that is likely to be awarded custody is the parent that has taken on the role of primary caregiver. In most families, parents tend to take on primary and secondary roles. This is particularly the case if a parent stays home to care for children. There was a time that the primary caregiver was almost always the mother, however, these days it is possible that the father could fit the description. Placing the child with the parent that has taken on the majority of the parenting responsibilities tends to be less disruptive to the life of the child.

Unless there are extenuating circumstances, it is usually best for divorcing couples to try to resolve their own custody disputes. In most families, the parents have an idea of who is the most suitable candidate for custody. The stress of the divorce may lead people to be combative regarding the issue but if they think about the needs of the children, they are often able to reach a decision. Custodial battles can be quite distressing to children and the stresses have been shown in some cases to result in poor school performance and behavioral issues. Most parents would agree that it is best to avoid such problems if possible.

Employment

Another factor that features in some "child custody decisions" is employment. There are jobs that make full time parenting a virtual impossibility. If a parent must frequently work irregular shifts or travel on business trips, they may not be the most suitable candidate for custody. Parenting requires a great deal of time and for this reason, parents with such jobs tend to not be awarded custody.

Child Custody

If children are old enough to voice their own opinions, they may be asked which parent they would prefer to live with. If a child is twelve years of age or older, they may be asked to sign an affidavit and if they are ten years of age or older, they may be interviewed at the request of either parent.

Joint Conservatorship

In Texas divorces, the goal is to grant joint conservatorship. Custody and conservatorship imply the same parental rights. If a parent is a conservator then they are able to make managerial decisions involving the child. Both parents are able to have input regarding such decisions as schooling and healthcare. Either of the parents can take a child to a doctor or dentist or pick them up from school. The child will primarily reside with one parent but both parents are able to have an influence. That is the goal of joint conservatorship which in most cases, works very well.

The non-custodial parent might not reside with their children but they do have access to them. Part of the parenting plan that is established during the divorce will deal with visitation rights regarding the non-custodial parent. There are some basic guidelines for scheduling visitation but these can be flexible if the custodial spouse wishes to grant additional visitation access to the non-custodial parent.

Child Support

The non-custodial parent will have to pay child support. In Texas, the amount of child support is usually twenty percent of the non-custodial parent's monthly resources for the first child and an additional five percent for each extra child. Child support can be quite a burden on the non-custodial parent but is designed to ensure a better quality of life for children. The state of Texas takes the matter of child support very seriously. Non-payers of child support might find themselves arrested and even jailed. Intentional failure to pay child support is a felony. It is unlikely that a spouse would be jailed for a minor infringement but for repeat offenders, it is a real possibility.

Parenting Plans

Parenting plans which include child custody and all other parenting logistics are rather complex agreements. As such, it can take some time for parents to come to an agreement on the terms of the parenting plan. In such cases, mediation can provide a useful solution. A mediator is an impartial third party whose goal is to facilitate the decision making process. A mediator is impartial meaning they will not side with either spouse. Their job is not to make a decision but rather to assist the spouses in making a decision. While mediation was relatively uncommon in the past, it is a feature of many modern divorces.

Family Law Attorneys

Your family law attorney is likely to have had experience working with a wide range of mediators and should be able to provide you with the details of a mediator that is suitable for your situation. If you are having difficulty resolving child custody issues, your lawyer may suggest engaging the services of a mediator or you can always request one. With the right mediator on hand, it is usually possible to bring the dispute to a swift conclusion.

Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.

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