Day 1:
Tessmer Tips are continuing
through the Texas Family Code, discussing child custody issues. If you know someone that is having problems
with custody arrangements, please share our link so they can receive this
up-to-date information.
Day 2:
“Custody” is really not a term
that is used anymore…. “Conservatorship” is the more politically/legally
correct term for child custody arrangements.
Most often, parents are named “Joint Managing Conservators” with one
being “Possessory Conservator.”
Day 3:
The parents may enter into an
agreed parenting plan and if the court agrees that the plan is in the best
interest of the child(ren), the court shall render an order that matches the
plan.
Day 4:
Remedies for enforcement of the
agreed parenting plan include all remedies for enforcement of a judgment,
including contempt, but NOT enforcement as a contract.
Day 5:
If the court does not find the
parenting plan to be in the best interest of the child(ren), the court may
request a revision. If the parents do
not satisfactorily revise the plan, the court can order its own parenting plan
after notice and hearing.
Day 6:
Parents feuding over custody
arrangements can agree to “Alternate Dispute Resolution (ADR).” Parents can go to arbitration or mediation. Both procedures are often quicker and cheaper
for all parties.
Day 7:
If feuding parents take their
custody dispute to binding arbitration, they are stuck with the decision of the
arbitrator …. As long as the court finds the arbitrator’s decision is “in the
best interest of the child(ren).”
Day 8:
“Mediation” is another ADR
procedure to help litigants work through their issues. A mediated settlement agreement is binding on
the parties when both parties and any attorneys sign the agreement and there is
bold, capital letters or underlined wording that the agreement is NOT SUBJECT TO
REVOCATION.
Day 9:
If a mediated settlement
agreement is found to be valid, the court will enter a judgment according to
the agreement unless one of the parties was a victim of family violence and
his/her decision- making was impaired or the agreement is not in the best
interest of the child(ren).
Day 10:
Tessmer Law Firm, PLLC is
providing information regarding Chapter 153 of the Texas Family code, which
deals with Conservatorship, Possession and Access. If you have any questions that have not been
answered, please email us at info@tessmerlawfirm.com
or call 210-368-9708 for an appointment.