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OBERHEIDEN LAW GROUP, PLLC
5710 LBJ Fwy, Suite 130 • Dallas, Texas 75240 • 1-800-810-0259
Legal Terms
Access
Access to speaking with the child.
Best Interest of the Child
The terms “best interest” refer to the court-determined concept of what is mentally and physically healthiest for the child.
Courts usually use the following nine question process to do so, as stated in previous sections:
Access to speaking with the child.
Best Interest of the Child
The terms “best interest” refer to the court-determined concept of what is mentally and physically healthiest for the child.
Courts usually use the following nine question process to do so, as stated in previous sections:
• The child's desires.
• The child's emotional and physical needs at the time and in the future.
• The emotional and physical danger to the child at the time and in the future.
• The parental abilities of the individuals seeking custody.
• The programs available to assist these individuals to promote the child's best interest.
• The plans for the child by these individuals or by the agency seeking custody.
• The stability of the home or proposed placement.
• The parent's acts or omissions that may indicate that the existing parent-child relationship is not a proper one.
• Any excuses for the parents' acts or omissions.
• The child's emotional and physical needs at the time and in the future.
• The emotional and physical danger to the child at the time and in the future.
• The parental abilities of the individuals seeking custody.
• The programs available to assist these individuals to promote the child's best interest.
• The plans for the child by these individuals or by the agency seeking custody.
• The stability of the home or proposed placement.
• The parent's acts or omissions that may indicate that the existing parent-child relationship is not a proper one.
• Any excuses for the parents' acts or omissions.
Change of Circumstance
This term refers to any sort of change in address, work status, income, citizenship, or any other factors that might affect your physical or financial situation.
Child Support
Child Support refers to the periodic payments from the non-custodial parent to the custodial parent to partially cover the costs of raising the child.
Clarifying Orders
This is a modification of the original custody agreement. A clarifying order generally focuses on making the meaning of the agreement more apparent, such as further defining exactly when and where the child can be transferred from one parent to the other.
Conservatorship
• Managing Conservatorship
This term refers to any sort of change in address, work status, income, citizenship, or any other factors that might affect your physical or financial situation.
Child Support
Child Support refers to the periodic payments from the non-custodial parent to the custodial parent to partially cover the costs of raising the child.
Clarifying Orders
This is a modification of the original custody agreement. A clarifying order generally focuses on making the meaning of the agreement more apparent, such as further defining exactly when and where the child can be transferred from one parent to the other.
Conservatorship
• Managing Conservatorship
Managing Conservatorship is the right and responsibility of making legal decisions for the child. It is most often shared between parents (joint managing conservatorship), but in some cases can be restricted to one parent (sole managing conservatorship).
• Possessory Conservatorship
Possessory Conservators are the people who are allowed to have scheduled possession of the child as declared by court. This could mean solely parents or also can include others, such as grandparents.
Deposition
A deposition is a formal question and answer process that is recorded and transcribed by a court reporter and is taken under oath. However, it is less formal than a courtroom. In some cases, it may be videotaped.
Emergency Order
In cases of danger to the child, emergency orders can be issued by the court that temporarily amend the custody agreement. These changes can become permanent if necessarily, but require returning to court to do so following an investigation. Emergency orders can, but are not limited to, awarding full custody of the child to one parent, allowing for interstate travel in emergencies, or even awarding temporary custody to a non-parent.
Extended Summer Possession
Extended Summer Possession is the period of time during the summer that the non-custodial parent has possession of the child. Usually, this is the entire month of July, with one weekend reserved for possession by the custodial parent.
Hearing
A hearing is a publicly held legal proceeding that occurs before a trial. During a hearing, both sides of the argument can supply evidence and both sides can make a case as to whether or not said evidence should be admitted into court. Also, either side can ask the judge to resolve the case without further trial. Hearings feature more relaxed standards of evidence and procedure, but are still held under oath in a courtroom.
Litigation
In custody disputes, litigation refers to the process of requesting that a court step in and decide how and when each parent has possession of the child.
Mediation
Mediation refers to the process whereby disputes are settled by an impartial third party. These decisions can either be non-binding or binding, as decided on by the parties in meditation. Generally, if two parties can resolve all issues present in mediation, there is no need for the case to go to trial.
Modification
A change made to a document, such as a custody agreement.
Periods of Possession
This term refers to the periods of time that each parent has full possession of the child. They are usually decided upon in mediation or trial.
Petition
A petition is a written application requesting that the court exercise its power, including but not limited to modifying a custody agreement.
Petitioners
This term refers to the people submitting a petition.
Pleadings
The pleadings are the documents submitted by both sides of a dispute to the court for judgment.
Possession
Possession is the right of a parent to have the child in their possession for a specific period of time within a specific geographical area. The time and are usually determined by the custody order.
Respondent
The respondent is the party who has to answer a petition that a petitioner has filed in court.
Summer Weekend Possession
The weekend that the custodial parent is awarded possession of the child during the non-custodial parent’s Extended Summer Possession.
Supervised Visitation
This type of visitation is where the custodial parent or a trusted third party will monitor the non-custodial parent’s time with their child. The noncustodial parent may have supervised visitation with their child if there is a history of violence or high-risk behaviors.
Types of Experts
• Attorneys-at-litem
A deposition is a formal question and answer process that is recorded and transcribed by a court reporter and is taken under oath. However, it is less formal than a courtroom. In some cases, it may be videotaped.
Emergency Order
In cases of danger to the child, emergency orders can be issued by the court that temporarily amend the custody agreement. These changes can become permanent if necessarily, but require returning to court to do so following an investigation. Emergency orders can, but are not limited to, awarding full custody of the child to one parent, allowing for interstate travel in emergencies, or even awarding temporary custody to a non-parent.
Extended Summer Possession
Extended Summer Possession is the period of time during the summer that the non-custodial parent has possession of the child. Usually, this is the entire month of July, with one weekend reserved for possession by the custodial parent.
Hearing
A hearing is a publicly held legal proceeding that occurs before a trial. During a hearing, both sides of the argument can supply evidence and both sides can make a case as to whether or not said evidence should be admitted into court. Also, either side can ask the judge to resolve the case without further trial. Hearings feature more relaxed standards of evidence and procedure, but are still held under oath in a courtroom.
Litigation
In custody disputes, litigation refers to the process of requesting that a court step in and decide how and when each parent has possession of the child.
Mediation
Mediation refers to the process whereby disputes are settled by an impartial third party. These decisions can either be non-binding or binding, as decided on by the parties in meditation. Generally, if two parties can resolve all issues present in mediation, there is no need for the case to go to trial.
Modification
A change made to a document, such as a custody agreement.
Periods of Possession
This term refers to the periods of time that each parent has full possession of the child. They are usually decided upon in mediation or trial.
Petition
A petition is a written application requesting that the court exercise its power, including but not limited to modifying a custody agreement.
Petitioners
This term refers to the people submitting a petition.
Pleadings
The pleadings are the documents submitted by both sides of a dispute to the court for judgment.
Possession
Possession is the right of a parent to have the child in their possession for a specific period of time within a specific geographical area. The time and are usually determined by the custody order.
Respondent
The respondent is the party who has to answer a petition that a petitioner has filed in court.
Summer Weekend Possession
The weekend that the custodial parent is awarded possession of the child during the non-custodial parent’s Extended Summer Possession.
Supervised Visitation
This type of visitation is where the custodial parent or a trusted third party will monitor the non-custodial parent’s time with their child. The noncustodial parent may have supervised visitation with their child if there is a history of violence or high-risk behaviors.
Types of Experts
• Attorneys-at-litem
Attorneys-at-litem are fully accredited attorneys who have been appointed by the court to advocate for the rights of the child in a custody battle between parents. The attorney-at-litem works with both parents to come to an arrangement at works for the child, first and foremost.
• Parent Facilitators
Parent facilitators are problem solvers that work with both parents to smooth the transition for a child whose family goes through a divorce and custody battle. They are usually experienced licensed social workers or psychologists with a background in divorce and custody cases.
• Professional Counselors
Professional counselors are licensed, master’s degreed mental health service professionals that aid in negotiations between sides of a custody dispute. They focus mainly on the preservation of the mental health of the child.
• Psychiatrists
Psychiatrists are professionals that aid in the determination of the healthiest place for the child by assessing the mental and sometimes physical health of each party (including specifically any addictions or unsafe practices present in their lives). Psychiatrists are also generally called to evaluate the relationship the child has with each parent so as to better place the child.
• Psychologist
Psychologists are medical doctors trained in psychology. They evaluate and counsel families going through custody disputes in order to provide competent, impartial opinions on what would be in the psychological best interests of the child.
• Texas Child Protective Services
Texas CPS is a government agency that seeks to make sure that the child has a both physically and mentally safe place to live through legal means. CPS deals mostly in cases of neglect or abuse, and can be called in on cases where one parent has been accused of crimes by the other parent to either refute or validate these claims.