Few legal proceedings are as stressful and emotional as the ones that involve child custody disputes. There are countless disputes that can arise involving custody, visitation, and parental rights in general.
Understanding some of the common custody issues in Austin could provide you with a base of knowledge that helps you navigate these conflicts. When addressing custody issues, a skilled attorney could guide you throughout the legal process and protect your parental rights.
Conflict Involving Relocation
Relocation can be one of the most contentious custody issues in Austin as it involves a parent petitioning the court to leave the area or state with their children. If the court agrees, it could all but eliminate the other parent’s access to their children. This is especially true if a parent seeks to relocate with the children out of state.
This is a challenging issue for courts, which must determine what is in the best interest of the child while weighing a parent’s ability to provide for them. The courts will weigh relocation requests based on the distance the parent intends to move as well as the potential for the child to remain in contact with the other parent.
Custody Enforcement Disputes
In Austin, sometimes the primary custody issues are those that have already been thoroughly litigated. While custody cases will ultimately resolve questions of visitation and responsibilities of raising a child, disagreements can continue to arise. If one parent refuses to comply with the custody order, enforcement disputes could become an issue.
These disputes could lead to a number of consequences. For example, a motion to enforce the terms of a custody agreement could result in fines or even incarceration for a parent who refuses to comply.
Neglect or Abuse
Allegations of neglect and abuse are not uncommon in situations where custody is hotly contested. While some of these allegations are valid, others are based on speculation or nothing at all.
When these allegations are made, it could lead to heated litigation regarding future visitation issues. Allegations of abuse or neglect frequently lead to efforts by one parent to secure sole custody or eliminate visitation rights of the other. In Austin, this type of conflict over custody can have a lasting impact on the parent-child relationship.
Conflicts with Decision-Making
One common issue that can arise when one parent has sole physical custody but shares legal custody is conflicts regarding decision-making. While both parents have an equal say in important decisions regarding the child’s life, the parent with whom the child lives has opportunities to make decisions without first consulting the other parent.
Conflicts also can arise when one parent fails to share important information needed to make a decision. For example, the custodial parent could refuse to share the results of a child’s visit to a doctor. The failure to share this information can lead to much larger conflicts when it comes to making health decisions for the child.
Speak with an Austin Attorney About Common Custody Issues
While it is possible to resolve some common custody issues in Austin amicably, other situations may require extensive legal action. When these issues cannot be resolved with negotiation, an experienced attorney could help you obtain a favorable outcome. Call today to learn more.