This document has been especially created and endorsed as the standard set of guidelines for treatment of children who are victims of divorce or paternity legal battles. This country was built on the notion that people have inalienable rights to live free and pursue happiness in life. These rights were fought for and people gave their lives in hope of gaining for themselves, their families, or their countrymen these very inalienable rights. All U.S. citizens can claim protection under the first ten amendments to the U.S. Constitution, better known as the Bill of Rights. It was this very idea of protection from which the Child’s Bill of Rights was created.

Originally designed by the Wisconsin Supreme Court, the Child’s Bill of Rights was established and endorsed by the courts in all 50 states. It is a document which outlines and ensures fair treatment for the sometimes forgotten victims of divorce–the children. This document states that parents who divorce will not hinder the child having a continuing relationship with both parents, that kids will not be treated as pieces of property, but that they will be recognized to have unique feelings and desires. The document also states that children can count on the ongoing care and get proper guidance from both parents and that they will not be unduly influenced by either parent to view the other parent differently.

Other important aspects of this Child’s Bill of Rights are for the parents to provide an explanation that the divorce or break-up was in no way caused by the child’s actions, a continued need to freely express love and respect for both parents, and the freedom from having to hide or be ashamed of these emotions. Kids are having to go through enough turmoil and trauma when parents decide to divorce. These kids do not equipped to handle the separation of parents or dissolution of family. Kids need security, especially when they are going through what they may see as the end of their world. A Child’s Bill of Rights is designed to remind adults that sometimes kids deserve a little extra care, concern, and consideration.

Because of these changes in differing values and changing societal standards, and for other reasons as well, minor children sometimes desire to be legally separated or emancipated from their parents. Most cases of a minor desiring emancipation from parents or guardians are due to a child moving out of the home for any number of reasons. Sometimes, a minor child will need to be emancipated because they have become financially independent, have joined a branch of the military, or have married.

In a few cases, kids will seek emancipation for medical treatment. The 2009 motion picture, “My Sister’s Keeper,” addresses the issue of an eleven-year-old minor wanting to be emancipated from her parents for medical reasons. With society’s growing acceptance of the gay and lesbian lifestyle, particularly for minors, some children are seeking emancipation stating irreconcilable differences over beliefs in a particular lifestyle the minor may have chosen to pursue.

Emancipation can be established by a mutual agreement between the parents and child. Emancipation may also be ordered by the court in some cases. If a child can show that they are not relying on the parents for support because they are now self-supported financially, emancipation may be ordered by the court. In such cases of a minor establishing emancipation, the parents are no longer held responsible for the financial support or for their care. Children who pursue this course need to realize that they alone will now be responsible for their own living expenses, medical care, insurance, and any other expenses incurred.

When a court reviews a petition for emancipation, the one factor that will be most important is what’s in the best interest of the minor child. Before granting emancipation, the court will likely also look for proof of financial independence in the present and in the future, adequate housing arrangements, whether or not the minor is in school or has completed school, and the maturity level of the minor. One thing is for certain, as society continues to change and values continue to differ, the courts may need to change the way emancipation of minors is handled.

If the court believes that the current living situation for the child is adequate, then they will be hesitant to make any changes to the custody agreement. Unless there are some circumstances that prove that the child may be in danger of some sort of physical or emotional harm, most courts will prefer that the child stay in their current situation for the sake of stability and consistency. This means that attempting to modify a custody agreement can be tricky, because the parent petitioning for the modification has a great burden of proof that must be provided, showing that the proposed new living situation is a substantial improvement over the current living situation.

As an example, if a mother currently has sole custody of the child, but is planning to move out of state for a new job, the father may petition the court for a modification in the custody agreement. If the father cites the fact that the child will be losing the stability of his current life, friends, school and other aspects of his living situation, the court may agree. This is a substantial enough change in the quality of the living situation that the court may find in his favor, although this is not always the case.

There are two primary considerations that the petitioner must prove:

• He or she must prove that the current living situation for the child is no longer in his or her best interest.
• He or she must prove that the proposed terms of the modification in child custody would improve the child’s situation. Here, if the two households are considered to be equal, then the burden of proof will not have been met.

In situations where the child has reached the age of 16, he or she is legally allowed to petition for a modification in the custody agreement, but the same burden of proof must be met. Here, the child must be able to prove why the change in custody is warranted, and why it is in their interest to make such a change. In most cases, child custody modification cases are looking to determine whether stability is in the best interest of the child, or a modification in the custody arrangement, since modifying the custody arrangement will alter a child’s life. This is one of the most important considerations that the court has to make, as they do not generally like to make custody modifications unless there are solid reasons for them to do so. Work with your custody lawyer to determine the best course of action when you are attempting to modify a custody agreement.

Even if one parent has been granted a greater level of custodial rights over another during a custody court case, then that does not necessarily mean that they can relocate without the court having to become involved. Some non-custodial parents may bring the situation back to court, and it is not uncommon for a move to be blocked by the court because the change in situation is not in the best interest of the child, or of the custody decisions that were previously made.

Understanding what happens when a parent moves during or following a child custody hearing depends on what side of the situation you actually lay on. If you were awarded custody of the child or children, then it is important that you understand what rights are available to you in regards to moving, and why it might be legally and emotionally beneficial not to. If you were awarded partial custody of the children, or have been granted visitation rights, then you should understand how child custody law in Texas protects your rights, even if the alternate parent should decide to relocate.

If there is a good faith reason for the move, then the parent may be allowed to relocate with the child or children. Most judges will examine the request to move based on the individual case and they will make a decision regarding the ability to move only after considering a variety of factors concerning the situation. If there is a custody agreement in place, then a parent has to make a request to move if the relocation involves distancing a child from another parent with custody or visitation rights.

There are reasons why a move might be allowed, but they have to be considered on a case by case basis by the judge. If the parent with custody of the children is seeking better employment and has to relocate in order to find a job, or if the parent desires to live near relatives that are located in another state, the judge may approve the request for relocation, but they must also always consider the best interest of the children and other parties involved in the custody arrangement, as well in the decision process itself in order to be fair to all parties.

When two parents end their relationship, this does not have to mean that the relationship between the children and their grandparents should also be ended. Unless a parent is exploiting a child and grandparent relationship, it is always considered to be in the best interest for the children for other significant relationships in heir lives to be continued, including those relationships with the grandparents on both sides of the family.

In Texas custody law, as with law elsewhere in the United States as well, biological and adoptive grandparents do not typically possess the right to file for sole custody of their grandchildren. This is because the best interest for the children is typically served by maximizing parental contact, as long as one or both parents are capable of serving the best interests and the needs of the children. All custody court cases put a primary focus on what the best interest is of the child or children. The ability to serve the best interest of each child is addressed in the Texas Family Code in section 153.001.

There are exceptions to this particular rule, however, especially in situations where evidence is present that suggests that in the care of one or both parents, the child or children may be at risk. Both emotional and physical harm must be considered to this end. If this is the case, grandparents do possess the right to take initiative by filing a suit in attempt to gain sole custody. The court itself may also decide to bring in the grandparents if the situation warrants it, and if the judge feels that the best interest of the children would be served with custody going toward the grandparents rather than the parents.

Ultimately, most custody court cases do not have to involve the grandparents, as the birth parents or adoptive parents of the child are capable of meeting his or her needs and providing for the best interest of the child. When grandparents are involved in court cases regarding custody to this end, it is typically to provide support. If the conditions of the custody battle do not necessitate that the grandparents become involved, then they can put themselves in a unique position to provide assistance to their grandchildren. Grandparents can make themselves available to both their children and their grandchildren through what can potentially become a rough battle. No custody battle is ever easy, and providing this support to both sides of the family can be beneficial for a smooth case and an attempt toward amicable results.

The overall process of adoption can be both long and complicated when you consider waiting periods, adoption hearings and paperwork. Working with an attorney is the best way to make sure that the paperwork and hearings are conducted properly, and that nothing delays or halts the process. This is especially important when you are considering the best interest of the child, and trying to provide consistency and a stable environment.

In order for a child to be eligible for a step parent adoption, the legal rights to the child must have been given up by one of the birth parents. A child can only legally have two guardians, typically a father and a mother, though there are situations where other combinations can be created. In order for a grandparent adoption to be successful, both parents will have to have given up their legal rights to the child. Additionally, in order for the child to be eligible for step parent or grandparent adoption, he or she must have spent the previous six months before the adoption hearing living in the custody of the prospective adopters. If one or both of the biological parents has refused to terminate their legal parental rights, then the process of adoption cannot move forward unless there are extenuating circumstances that make this unnecessary.

If a parent has died or become legally incompetent, if the parent has been incarcerated during the period of 90 days before the adoption petition, if there is proof that the parent has abandoned or refused to support the child or if the parents have been divorced for 90 days or longer, or are in the process of divorce, then the biological parent does not have to legally terminate his or her parental rights. The same is true if the child has been living with the prospective adopters for between six and twenty four months or if the child has been proven to be a victim of neglect or violence from the legal guardian.

If the child in question is over the age of sixteen, then written permission must be obtained from the minor regarding the adoption in order for it to be valid. The child only has to provide agreement of the terms of the adoption if he or she has aged past sixteen, otherwise it is not necessary.

Although the adoption process can be lengthy when a step parent or grandparent is involved, it is rewarding when the needs of the child are finally met.

The parent that has decided that they would like to modify the child custody agreement following divorce will have to prove that the modified situation is a better fit for the child. Lateral moves in situation are not acceptable, as this will still change the minor’s daily life, and will disrupt stability. It must be possible to show a substantial positive change in circumstances that make this modification the best possible route for the court to take in order to safeguard the wellbeing of the child. If the two households are considered to be equal with one another, then custody is going to remain as it is until such a time that they are not considered equal.

When it comes to custody orders, it is important to understand that Pedente Lite, or temporary custody orders, are not the same as final orders. Moving from a temporary custody order to a permanent one does not require that there be a substantial change in the circumstances of the living situation.

When a child is 16 years old or older, he or she is legally allowed to seek out their own change in custody. However, in this situation it will be that minor’s burden to prove that it will be in their best interests to enact a change in custody agreements.

The court that was responsible for making the original visitation and custody order is going to retain jurisdiction when it comes to deciding on modifications. This is true unless neither parental parties or the child possess close ties to that court, in which case, the court may choose to surrender its jurisdiction. The court that has original jurisdiction may also refuse to try the case for custody in certain situations, such as when the child has been taken wrongfully from a different state, or has been taken without obtaining consent from the parent that is legally entitled to the custody.

There are a number of life changes that can qualify as a substantial alteration in the circumstances of the living situation, including geographic moves and changes in lifestyle for example. If the child’s stability of life is seriously disrupted in any way, then this is typically grounds for the custody order to be modified to ensure that the child’s best interests be considered.

With sole custody, one parent has legal and/or physical custody. There are two different types of sole custody.

Sole Legal Custody: With sole legal custody, one parent has the right to make decisions regarding the child’s welfare, including medical needs, emotional & moral needs, education decisions, and religious training.

Sole Physical Custody: With sole physical custody, the child lives with one single parent. The remaining parent may have visitation rights, unless the court determines that visitation rights would not be in the best interest of the child.

Based on these two aspects, custody can be structured in a number of ways. A single parent may have both physical and legal custody. Or, a single parent could have sole legal custody rights, but share physical custody with a visitation agreement. Another alternative is for one parent to have sole physical custody, but share the decision-making (legal custody) with the other parent. It is very rare for the court to award both physical & legal sole custody to a single parent – unless the other parent is deemed unfit, or mentally unstable.

Joint custody is divided into three categories: legal, physical, and combination. Joint legal custody is where parents share in the decision-making for the child, but the child has only one physical residence. Joint physical custody is where the child has two residences, spending at least 35% of his time with the other parent. It’s also possible to construct your own special joint custody agreement – with a combination of shared physical and joint legal custody. For example, you could provide a single residence for the children, and have the parents live there on a rotating basis. If you decide to pursue joint custody, it’s important that you are able to talk openly with your spouse about decisions that affect the child. If both partners are constantly fighting over education, religious decisions, or other key factors, the court may strike down joint custody.

When determining custody, the Texas legal code does not favor either the mother or father. Instead, the law focuses on the relationship of each parent with the child. Relatives such as uncles or grandparents can seek custody of the children; however, the court is more likely to favor granting custody to the child’s natural parents. Until your divorce is official, both spouses must abide by temporary custody decisions. Temporary custody is not an initial award of custody. It refers to who has custody for a limited period of time, while you wait for the court to hold a hearing. The court will determine temporary custody based on the “best interests” of the child.

The court’s final custody decision will be either be sole custody or joint custody. Joint custody is very common in situations where both spouses want to retain physical and legal rights to their children. In this situation, both parents may have shared legal custody and/or shared physical custody. Shared physical custody could involve two residences for the child. Or it could involve having only one residence for the children, with the parents living there on a rotating basis.

In rare circumstances, the court may decide to award split custody. Split custody usually happens in situations where there are two or more children. With a split custody decision, each parent gets full physical custody over at least one child. When awarding split custody, the court will look at a number of different factors, including the age of the children, and the child’s preference for a particular parent.