What are the rights of a parent with joint legal custody?
The clearest reason to ask for sole custody is to protect your child from physical harm, especially if the other parent has a history of any of the following issues: ABUSE: If a parent has assaulted or sexually abused the other parent or any child, this presents an obvious danger to their child. NEGLECT: If a parent has previously neglected the ...
Can a judge give a parent sole custody of a child?
Feb 17, 2019 · Instead, sole or joint custody is awarded based on the children’s best interests. If you were awarded sole custody of your children, then you may have been granted sole physical custody or sole legal custody, or both. Speak with a custody attorney near you. Call (858) 371-5569 or contact us online today to set up a consultation at Griffith ...
How does child custody work in California?
Apr 27, 2013 · Once you've begun working with a lawyer and completing any steps the court has required, ask the judge for an in-home child custody evaluation. This evaluation will provide the courts with an up-to-date assessment of your home, which could help you win back custody. You also have the right to appeal the hearing.
What is the difference between sole and joint physical custody?
Apr 29, 2016 · If you are the other custodial parent, you have the option of filing a motion to modify custody and asking the court to protect your child from the incarcerated parent. In most cases, you may be able to file for emergency custody of your child. If you are not the other parent, you may also have certain options. Below are some important steps you should take: You …
What do I do if my child's father is on drugs?
If you believe that your child's other parent is addicted to narcotics or alcohol, and if you feel that their abuse has or does negatively affect their ability to properly care for your child, then it is imperative that you file a motion to request a drug test as soon as possible.Sep 14, 2016
How does alcoholism affect custody?
Chronic alcoholism or other substance abuse can have a dramatic impact on the issue of child custody. A parent proven to be an alcohol or drug abuser in court can wind up losing physical custody of his or her child and be permitted only limited contact with the child or only supervised, limited contact.Dec 16, 2020
Can a mother lose custody for drug use in Texas?
Repeated positive drug or alcohol tests may end in termination of visitation rights in Texas. The Texas legal system prioritizes the child's best interest. Judges will be very cautious when granting custody to a parent who uses drugs.Apr 22, 2019
How can I prove my ex has a drinking problem?
Evidence can include text messages, e-mails, phone calls at odd hours, receipts, photos, medical history, testimony from doctors, family, friends, teachers, any person that has witnessed the party's behavior while intoxicated, among others.
How do you prove sobriety?
There are many programs that help parents to prove their sobriety if they have been accused of abusing drugs or alcohol. This can be done through testing, or simply by showing up to scheduled parenting times and showing that they are, in fact, sober.Nov 30, 2018
Will I lose custody if I fail a drug test in Texas?
If a parent fails a surprise drug test, usually the outcome is that he or she loses custody or visitation rights, at least on a temporary basis. The court may order supervised visits, which means the parent can only spend time with the child or children if another, trustworthy adult is present.Aug 5, 2015
Can a family court judge order a hair follicle test Texas?
The courts may only order drug and alcohol testing done in the least intrusive method. Typically, this means only urine samples. The court cannot demand hair follicle testing even though this method produces more accurate results for a longer time.
What is the Texas Family Code?
The Texas Family Code is one such body of statutory law, and it contains all the formal rules that govern family law in Texas. As one might imagine, family law is quite broad, and as such, the Family Code covers quite a large range of topics.Jul 31, 2020