How Do Courts Handle Parents Using Children as Threats in Custody Cases?

Divorce is a challenging process, especially when children are involved. It is essential to understand how to protect your child’s well-being and navigate custody issues effectively.

In the video, Atty. Tina Campbell of Turner-Monahan, PLLC, discusses how courts handle custody issues during divorce, the impact of parental conflicts on children, and the importance of continued parenting responsibilities. All case evaluations are based on Texas Family Law. This content is for educational purposes only.

Parents often wonder if the court can do anything to protect their child during a divorce. The answer is yes. Courts have the authority to change custody if they believe a child is currently facing physical or psychological harm. This decision is based on the present situation, not on past or potential future harm.

It’s essential for parents to act maturely and not use their children as tools against each other. Even during a divorce, parents must continue their day-to-day parenting duties. This includes enforcing rules and maintaining discipline, despite the stress and anxiety that may accompany the divorce process.

In some cases, parents become so focused on their conflicts that they neglect their child’s needs. For example, in one case we’re involved in, both parents are so absorbed in criticizing each other that their child is not receiving proper parenting from either side. This neglect exacerbates the child’s existing issues, causing significant problems.

Children often need acknowledgment and support from both parents and health providers during a divorce. It’s crucial for parents to recognize this and seek the necessary help to ensure their child’s well-being.

Counseling can play a vital role in helping children cope with the changes brought by divorce. Professional counselors can provide a safe space for children to express their feelings and work through their emotions. They can also offer valuable advice to parents on how to support their children during this difficult time.

Successful co-parenting requires effective communication and cooperation between parents. Establishing clear guidelines and maintaining a consistent routine can help provide stability for the child. Parents should also strive to keep their conflicts away from their children to prevent additional stress and anxiety.

Understanding your legal rights and available resources can make a significant difference. Parents should educate themselves about the legal processes involved in custody arrangements and seek professional legal advice to ensure their interests and their child’s best interests are represented.

The Texas Family Code has specific statutes that address issues related to child custody and protection during divorce.

Section 153.002 – Best Interest of the Child: This statute emphasizes that the primary consideration in any custody case is the best interest of the child. Courts evaluate various factors, including the child’s emotional and physical needs, parental abilities, and stability of the home environment.

Section 153.004 – History of Family Violence: This section allows the court to consider any history of family violence when making custody decisions. If there is evidence of family violence, the court may restrict or deny visitation rights to protect the child’s safety.

Section 153.005 – Appointment of Joint Managing Conservators: The court can appoint both parents as joint managing conservators, meaning they share the rights and responsibilities of raising the child. However, this arrangement is only made if it serves the child’s best interest.

Section 153.006 – Terms and Conditions of Possession: This statute outlines the terms and conditions for visitation, including standard possession orders. It ensures that visitation schedules are clear and enforceable, providing structure for the child’s time with each parent.

Divorce can be a difficult process, but protecting your child’s well-being should always be a priority. Ensure you understand the legal aspects, seek support, and communicate effectively with your co-parent.

By consulting with a family law firm like Turner Monahan and working with an experienced attorney, parents can help mitigate the negative impact of divorce on their children and provide the necessary support to navigate this difficult period.

Just call us at 817-332-4477 or schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details. 

Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How is Child Support Determined in Texas.

Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC. 

The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.

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