| Possessory Conservatorship in Custody Awards |
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| There are times when a court finds it necessary to appoint someone to be responsible for a minor child. In Texas, that means the appointment of a "managing conservator." When a managing conservator is appointed, the court may appoint a "possessory conservator," which is an order setting the times and conditions for possession of or access to the child. More... |
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| Tortious Interference with Child Custody |
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| Where a person interferes with another person's custody of a child or right to access, the interfering person may be subject to a claim of tortious interference with custody and can be held financially liable. This may occur where one parent takes the child and refuses to divulge the child's whereabouts. However, tortious interference may not be limited to cases where a child is concealed.
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| Putative Father's Right to Visitation |
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| Parents have a natural right to the companionship of their children. In order to experience that companionship, parents and children must have time to be together. This is generally a non-legal issue. When the child's parents are not married, the child's father is called the putative father because he is reputed to be the father of the child. A putative father may also be known as the child's natural father or biological father. To be the child's legal father, the putative father must prove his paternity before a court. The proof could be a paternity test result or acknowledgment of the child as required by statute. Once paternity is acknowledged the father has a right to visitation with his child, so long as it is in the child's best interests. More... |
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| Involuntary Child Custody Proceedings under the Indian Child Welfare Act |
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| When an agency of a state believes that it is the best interests of a child, who could be of Native American descent, to take involuntary custody of the child from his or her parents, the procedures set forth in the Indian Child Welfare Act must be followed. The Act requires notice, a right to intervene in the proceedings by the child's tribe and Indian custodian, appointment of counsel for an indigent parent or Indian custodian, access to court records, and jurisdictional and trial considerations. More... |
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| Former Stepparent Visitation Rights |
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| A stepparent is considered a legal stranger to a child and is not automatically entitled to visitation rights. However, where a close relationship between the child and the stepparent has been established, a court will consider granting rights of visitation and in some case, stepparents have been awarded legal custody. More... |
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