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Child custody

Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.

During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child.

In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation).

Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.

Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.



State Statutes for the State of Texas

CHAPTER 152 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

legal custody, physical custody, or visitation with respect to a child. (5) order a party to a child custody proceeding or any person having physical custody of the child to INITIAL CHILD CUSTODY JURISDICTION. child custody determination, if any; of the child or claims rights of legal custody or physical custody of, or visitation with, the child

CHAPTER 107 - SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND ADOPTION EVALUATIONS

CHILD CUSTODY EVALUATION (2) "Child custody evaluator" means an individual who conducts a child custody evaluation under this (e) A child custody evaluator who has previously conducted a child custody evaluation for a suit may (a) A child custody evaluator may conduct psychometric testing as part of a child custody evaluation CHILD CUSTODY EVALUATION FEE.

SUBTITLE A - GENERAL PROVISIONS

CHAPTER 107 - SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND ADOPTION EVALUATIONS

SUBTITLE B - SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

CHAPTER 152 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

CHAPTER 52 - PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO COURT

TAKING INTO CUSTODY; ISSUANCE OF WARNING NOTICE. (a) A child may be taken into custody: of the reason for taking the child into custody, to: custody, it shall be the duty of the law enforcement officer who has taken the child into custody or (1) keeping the child in law-enforcement custody; or the grounds for taking the child into custody or for accusing the child of an offense.

CHAPTER 35 - TEMPORARY AUTHORIZATION FOR CARE OF MINOR CHILD

order does not affect the rights of the child's parent, conservator, or guardian regarding the care, custody , and control of the child, and does not establish legal custody of the child. (d) An order under this chapter is not a child custody determination and does not create a court of

CHAPTER 203 - DOMESTIC RELATIONS OFFICES

(5) prepare a court-ordered child custody evaluation or adoption evaluation under Chapter 107; (7) a reasonable fee for preparation of a court-ordered child custody evaluation or adoption evaluation

CHAPTER 104 - EVIDENCE

conservatorship of or possession of or access to a child at issue in a suit unless the person has conducted a child custody evaluation relating to the child under Subchapter D, Chapter 107.

Federal Statutes

§ 3938. Child custody protection

If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a In any case where State law applicable to a child custody proceeding involving a temporary order as

§ 3524. Child custody arrangements

that person has custody, and (2) who has obligations to another parent of that child with respect to custody or visitation of that child under a court order, the Attorney General shall obtain and examine with respect to custody or visitation of that child under a State court order, the Attorney General with respect to custody or visitation of that child under a court order, an action to modify that court that person has custody and has obligations to another parent of that child concerning custody and visitation

SUBCHAPTER I—CHILD CUSTODY PROCEEDINGS (§§ 1911 – 1923)

Indian tribe jurisdiction over Indian child custody proceedings Improper removal of child from custody; declination of jurisdiction; forthwith return of child: danger

§ 1911. Indian tribe jurisdiction over Indian child custody proceedings

An Indian tribe shall have jurisdiction exclusive as to any State over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of such tribe, except where credit to the public acts, records, and judicial proceedings of any Indian tribe applicable to Indian child custody proceedings to the same extent that such entities give full faith and credit to the public acts

§ 1738A. Full faith and credit given to child custody determinations

(6) “person acting as a parent” means a person, other than a parent, who has physical custody of a child (7) “physical custody” means actual possession and control of a child; A child custody or visitation determination made by a court of a State is consistent with the provisions Before a child custody or visitation determination is made, reasonable notice and opportunity to be (1) it has jurisdiction to make such a child custody determination; and

SUBCHAPTER II—GENERAL RELIEF (§§ 3931 – 3938a)

Child custody protection Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers

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