All American child custody disputes are resolved according to the “best interests of the child” standard. In theory, this means that the best interests of children affected by custody disputes will be given the highest consideration when child custody orders are constructed. There are two main problems with this otherwise noble standard. First, the concept of “best interests” is subjective and is therefore treated differently by every judge. Second, the best interests of a child tend to change over time. As a result of these two challenges, not every child custody order actually reflects a child’s best interests. And even those that do initially may not continue to serve as an accurate reflection of a child’s best interests over time.
Due to both of these factors (and a variety of others) not all kids are/remain willing to respect the terms of their child custody orders. Insistence that “I won’t go!” to spend time with one of their parents may become a plea or a rallying cry. Sometimes, it is simply an issue of working through whatever a temporary challenge might be. And sometimes, when a deeper need is surfacing, your child’s reluctance to spend time with his or her other parent means that your family could benefit from a child custody modification. No two situations are exactly alike, so please feel free to schedule a consultation with an Austin, Texas LGBTQ child custody lawyer at Gray & Becker, P.C., so that we can talk to you about your options. A consultation will not obligate you to take action; only ensure that your decisions are informed moving forward.
Respecting Terms and Requesting Modifications
In general, it is important for kids to respect the terms of a child custody order until a temporary and/or permanent modification can be finalized. Failure to adhere to the terms of your legally enforceable child custody order could place you in serious trouble with the court. Even if your child does not want to respect the terms of the order, it is generally better to work with an Austin, TX LGBTQ child custody lawyer to find a solution than to ignore these terms and place your own custody of your child in jeopardy.
With that said, if your child is in immediate danger, please contact our firm and law enforcement as soon as you can do so safely. A very temporary violation of a custody order may be legally warranted in situations involving risk of harm.
And if your child is not cooperating with your parenting time schedule, please consider speaking with an Austin, TX LGBTQ child custody lawyer about your options as well. While a modification may be warranted, it may also be possible that your child’s other parent is simply not doing his or her part to help facilitate your current arrangements.
Child Custody Assistance Is Available
If you have questions or concerns about your child’s current custody arrangements, please consider scheduling a consultation with an Austin, TX LGBTQ child custody lawyer today. Once we learn about the particulars of your family’s situation, we will be able to advise you of your options. Should you decide to take any legally-related action, we can help support and guide you through that process.