Family Law

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A custodial parent, according to 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.

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

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 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". 

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.

Does the custodial parent have to pay child support if the custodial parent moves to another state without consent?

The non-custodial parent will be required to continue to pay child support.  However, they can go back to court and allege a "change in circumstances" and have the child support modified.A contempt of court can also be pursued 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 can 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.

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

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

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.”

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.

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