Child Custody 101


Tessmer Tips 2012 for April 16th through April 27th are focused on Child Custody: 

Day 1: 


The true victims of divorce are the children of the feuding parents. The impact can be lessened by putting the kids first and making all decisions with the “best interest of the children” in mind.  We will be exploring child custody issues for the next few weeks…. If you know someone that might be interested, please ask them to like our page to see the Tessmer Tips each morning.


Day 2:


Chapter 153 of the Texas Family Code deals with conservatorship, possession, and access.  It is undoubtedly the most important and most contested chapter in private litigation.


Day 3:


The public policy of the state of Texas is to assure that children of divorce have contact with both parents; are provided a safe living environment; and rights and duties of raising the children are shared by both parents.


Day 4:


The right of a parent to have visitation with his/her children is NOT dependent on whether or not he/she is paying child support.   Possession or access to a child is a separate issue from support.


Day 5:


“The best interest of the child shall always be the primary consideration...in determining the issues of conservatorship …”  This is the most quoted section of the family code.  The discretion of the judge is extraordinarily broad – “best interest” is in the eye of the beholder.


Day 6:


When determining issues of conservatorship, possession, and access, the court shall consider the qualifications of the parties without regard to marital status or the sex of the party.  This means that the Mother is no longer presumed to be the best choice for primary conservator.


Day 7:


The court MAY NOT appoint joint managing conservators if credible evidence is presented of a history or pattern of child neglect, physical or sexual abuse.  The flip side is, the court MAY appoint joint managing conservators even with the evidence.  


Day 8:


Has your spouse been physically abusive to you or your child(ren) in the last two years?  Document, document, document… take pictures, call the police, retain medical records, get a protective order.  NO ONE should EVER be abused.


Day 9:


If there is a question regarding the behavior of one of the parents, the court may require supervised access to the child.  This supervision can be by an entity or a person chosen by the court.


Day 10:


It is presumed that unsupervised visitation is not in the best interest of a child if credible evidence is presented of a history or pattern of past or present child neglect or physical or sexual abuse.