A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.
There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.
The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.
Title: Understanding Texas Stipulation Regarding Joint Custody of Children: A Comprehensive Guide Introduction: Joint custody is a legal arrangement where both parents share responsibility for the upbringing of their children following divorce or separation. However, in Texas, joint custody is referred to as "joint managing conservatorship" (JC). This article aims to provide a detailed description of what the Texas stipulation regarding joint custody entails, highlighting its features, benefits, and variations. Keywords: Texas stipulation, joint custody, children, joint managing conservatorship, divorce, separation, legal arrangement, responsibilities, benefits 1. Types of Joint Managing Conservatorship: a) Standard Joint Managing Conservatorship: In Texas, when the courts grant joint managing conservatorship, they usually designate the rights and duties of both parents to be exercised jointly, except when ordered otherwise by the court. Keywords: standard JC, rights and duties, parents, court order b) Sole Managing Conservatorship: Although joint custody is preferred in Texas, the court may grant sole managing conservatorship to one parent if it is in the child's best interest. In this arrangement, one parent holds primary custodial rights and makes important decisions solely. Keywords: sole managing conservatorship, primary custodial rights, child's best interest, important decisions 2. Determining the Best Interests of the Child: The Texas Family Code requires that decisions regarding child custody be made based on the best interests of the child. Factors considered by the court might include: — The child's physical, emotional, and developmental needs. — Each parent's ability to provide basic care and support. — The child's relationship with each parent and any siblings. — Stability and continuity in the child's life. Keywords: best interests of the child, Family Code, physical needs, emotional needs, developmental needs, care and support, relationship, stability, continuity 3. Rights and Duties of Joint Managing Conservators: When joint managing conservatorship is granted, both parents equally share rights and duties related to the child. These may include: — Decision-making authority for education, healthcare, religious upbringing, and extracurricular activities. — Access to medical and educational records. — The right to consult with medical professionals, teachers, and other relevant individuals involved in the child's life. Keywords: rights and duties, decision-making authority, education, healthcare, religious upbringing, extracurricular activities, access to records, consultation 4. Possession and Access Schedules: In joint managing conservatorship, a possession and access schedule is created to determine the time the child spends with each parent. Common schedules include alternating weekends, holidays, and vacations, promoting consistent and meaningful involvement of both parents in the child's life. Keywords: possession and access schedule, time spent, alternating weekends, holidays, vacations, parental involvement Conclusion: Texas recognizes the importance of joint custody or joint managing conservatorship in promoting the best interests of children. Understanding the Texas stipulation regarding joint custody is vital for parents going through divorce or separation, as it helps them make informed decisions regarding the upbringing and care of their children. Keywords: Texas stipulation, joint custody, joint managing conservatorship, divorce, separation, best interests, parents, legal arrangement.
