Stockdale Child Custody Lawyer, Texas, page 2
Includes: Guardianships & Conservatorships, Custody & Visitation
12000 Huebner Rd, San Antonio, TX 78230
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227 North Loop 1604 East, San Antonio, TX 78232
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LEGAL TERMS
CUSTODIAL INTERFERENCE
The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even... (more...)
The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even if the taker also has custody rights.
QUALIFIED MEDICAL CHILD SUPPORT ORDER (QMSCO)
A court order that provides health benefit coverage for the child of the noncustodial parent under that parent's group health plan.
BEST INTERESTS (OF THE CHILD)
The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best inter... (more...)
The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best interests of the child. Similarly, when asked to decide on custody issues in a divorce case, the judge will base his or her decision on the child's best interests. And the same test is used when judges decide whether a child should be removed from a parent's home because of neglect or abuse. Factors considered by the court in deciding the best interests of a child include: age and sex of the child mental and physical health of the child mental and physical health of the parents lifestyle and other social factors of the parents emotional ties between the parents and the child ability of the parents to provide the child with food, shelter, clothing and medical care established living pattern for the child concerning school, home, community and religious institution quality of schooling, and the child's preference.
FAMILY COURT
A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), ch... (more...)
A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), child custody and support, guardianship, adoption, and other cases having to do with family-related issues, including the issuance of restraining orders in domestic violence cases.
AGE OF MAJORITY
Adulthood in the eyes of the law. After reaching the age of majority, a person is permitted to vote, make a valid will, enter into binding contracts, enlist in ... (more...)
Adulthood in the eyes of the law. After reaching the age of majority, a person is permitted to vote, make a valid will, enter into binding contracts, enlist in the armed forces and purchase alcohol. Also, parents may stop making child support payments when a child reaches the age of majority. In most states the age of majority is 18, but this varies depending on the activity. For example, in some states people are allowed to vote when they reach the age of eighteen, but can't purchase alcohol until they're 21.
OPEN ADOPTION
An adoption in which there is some degree of contact between the birthparents and the adoptive parents and sometimes with the child as well. As opposed to most ... (more...)
An adoption in which there is some degree of contact between the birthparents and the adoptive parents and sometimes with the child as well. As opposed to most adoptions in which birth and adoption records are sealed by court order, open adoptions allow the parties to decide how much contact the adoptive family and the birthparents will have.
TENANCY BY THE ENTIRETY
A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the su... (more...)
A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the surviving spouse gets title to the property (called a right of survivorship). It is similar to joint tenancy, but it is available in only about half the states.
CHILD
(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born o... (more...)
(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born outside of marriage. (2) A person under an age specified by law, often 14 or 16. For example, state law may require a person to be over the age of 14 to make a valid will, or may define the crime of statutory rape as sex with a person under the age of 16. In this sense, a child can be distinguished from a minor, who is a person under the age of 18 in most states. A person below the specified legal age who is married is often considered an adult rather than a child. See also emancipation.
FOREIGN DIVORCE
A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are r... (more...)
A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are recognized as valid if the spouse requesting the divorce became a resident of the state or country granting the divorce, and if both parties consented to the jurisdiction of the foreign court. A foreign divorce obtained by one person without the consent of the other is normally not valid, unless the nonconsenting spouse later acts as if the foreign divorce were valid, for example, by remarrying.
SAMPLE LEGAL CASES
Alfonso v. Skadden
... 22, 1999, 76th Leg., RS, ch. 34, § 2, 1999 Tex. Gen. Laws 52, 70 ("This Act takes effect September
1, 1999, and applies to a motion or other request for relief made in a child custody proceeding
or to enforce a child custody determination that is commenced on or after that date. ...
In re MPB
... issues. In re v. VLK, 24 SW3d 338, 343 (Tex. 2000). Chapter 156 modification suits
raise additional policy concerns such as stability for the child and the need to prevent
constant litigation in child custody cases. Id. The Legislature ...
Waltenburg v. Waltenburg
... The outcome of this appeal hinges on whether, under the Uniform Child Custody
Jurisdiction and Enforcement Act (UCCJEA), the Arizona court had jurisdiction over
a child-custody proceeding filed before the child was born. ...
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