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Questions on Custodial Parents Rights

A custodial parent is the one who, according to the custody orders, has primary physical custody of the child. The court grants custody to the parent who is best able to provide care for the child.

Here are answers from Experts to some often-asked questions about custodial parents, related responsibilities and rights, and more.

How is the custodial parent determined in Texas if one parent did not pay child support?

Awarding a Shared Parenting arrangement - with access to both parents - in the best interests of the children is the goal in Texas. A parent paying child support or not is not a relevant criterion to determine child custody.

When minor children are involved, there are several factors which a Texas judge considers while addressing issues of custody. The factors include amicable settlement of disputes between the parties at suit, the agreement being in the best interest of the child, etc.

As per Texas Code - Family Code - Chapters: 5-153.004-153.434, “A child 12 years of age or older may file with the court in writing the name of the person who is the child's preference to have the exclusive right to designate the primary residence of the child, subject to the approval of the court.”

Who gets custody of the child if the custodial parent dies?

There is no specific statute for such conditions. They are generally carried out on subjective grounds based on what the court sees as being "in the best interest" of the child.

If there is no secondary parent, the custodial parent could appoint a guardian in his/her will and the court will usually uphold the appointed person as the legitimate guardian if he/she is deemed "fit".

When the custodial parent dies, the non-custodial parent can pursue custody on grounds of being the closest living relative to the child as it may be the least traumatic alternative in such a situation.

If the custodial parent moves to another state without the non-custodial parent’s consent, does the latter still have to pay child support?

In a situation like this, the non-custodial parent would be required to continue to pay support but they can go back to court and allege a "change in circumstances" and have the child support modified. They can even pursue contempt of court against the custodial parent who left the state if the support order had forbidden such an act.

Can a custodial parent keep pictures of the child away from the non-custodial parent?

The custodial parent does not have to provide the pictures of the child to anybody else. If you are the non-custodial parent and feel the custodial parent is infringing on your right to communicate with your child, you may want to file a motion with the court to modify your rights. If there is no communication requirement in the visitation decree, then the custodial parent is not required to let you communicate with your child.

Being a custodial or non-custodial parent requires knowledge of the rights of and responsibilities towards the child. If you have further questions or concerns related to custodial parent, custodial parents’ rights and responsibilities, legal rights of custodial parents and more, ask the Experts on JustAnswer and they will address your queries within moments, to your satisfaction.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9402
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
3 Family Lawyers are Online Now

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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Custodial Parent Questions

  • I have specific questions, but this will be an attempt to get

    I have specific questions, but this will be an attempt to get opinions on the entire situation. So here it gos... At the beginning of this year, after hearing rumors of my relation to a child, I decided that I was stable enough to spend the money on a paternity test. Not believing she was mine, it was simply something i wanted to get out of the way. If the test did come back positive, I would check in on the child, and move on if things were OK. The mother agreed to do the test, on the grounds that she would swab while the child slept. Then things started to go down hill. Not only did the test come back positive, but the mother had swabbed the child in broad daylight, the child flipped, and within an hour, the family was waiting for the results with me. The child in question is 13. From the beginning, understand that I had assumed that mom would have contacted me if she had ever needed anything. I now know from listening to kido, that not only did the mother know she was mine, but had been abandoned more than once by the step dad, and never thought to give me a ring. I digress. The situation now is that I moved to the area (Arizona) where she lives, have done the positive thing and helped out financially and logistically. I am now a part of her life. I now know that Jake is a hitter when he feels abandoned. The mother is a homeless meth addict who just recently had a 2 year old taken by cps. A plus side is that the step dad has had his current job for 2 years. He seems clean, but still relies on pot for a happy attitude. He has 2 kids of his own by the same mother, plus the girl he is with has 2 of her own. With five kids total, they make ends meet, but not without a lot of stress and very bad decisions. Before I got here, the plan of the day was to spend all of the money on pot and alcohol. My child has lazy eye, was never taken to an eye doctor for it until I got here. There is a lot more, but that in itself is more than enough for me. O yes, and the step dad is on the birth certificate, and they were married before she was born. They got married in one of those giant group marriages right before he went into the navy, I'm assuming now for the extra bah. The navy didn't last, and after that its a common story of two kids with kids who when it comes to coping were already at the far end of the dream pool. The step dad is now doing what he can to keep up a good face, and I'm worried that he might try to odopt. That might not make sense, considering he is legally the father. I would also like to know how easy it would be to gain custody with proof of domestic violence, without proof, and with the kids already taken by cps. Thanks in advance.
  • My husband and I separated in 2009 and he then left the country

    My husband and I separated in 2009 and he then left the country in 2010. What is the least expensive way for me to obtain a divorce? No children or assets to divide
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