Originally from:
Family Law Depositions - Looseleaf
Family Law Depositions - Electronic
Chapter 4 - Preview Page
Family.04 Custody Proceedings and Visitation
Custody disputes often involve a complex set of legal and factual issues. Individual states will have an extensive set of statutes and case law which must be consulted. With that qualification, the summaries and model depositions in this section provide a good basis for analyzing and developing the more important factual and legal factors in determining a custody arrangement.
Determining Custody
The custody suit may be termed something akin to a “suit affecting the parent-child relationship.”Courts often refer to the “best interests of the child” as the criterion for awarding custody. The court may appoint one parent as sole managing conservator, with primary responsibilities and rights regarding the child, or appoint both parents as joint conservators. State law may presume, subject to rebuttal, that the appointment of the parents of a child as “joint managing conservators” (joint custody) is in the child’s best interest.
Family.04 Custody Proceedings and Visitation
FORM NO. 11: Determining Custody Rights Examination of Parent Challenging Petition for Managing Conservatorship
FORM NO. 12: Custody Proceeding Examination of Expert Retained in Custody Case
FORM NO. 13: Custody Proceeding Examination of Social Worker
FORM NO. 14: Custody Proceeding Examination of Clinical Psychologist
FORM NO. 15: Custody Proceeding Examination of Family Counselor
FORM NO. 16: Custody Proceeding Interstate Jurisdictional Dispute Examination of Ex-Wife
FORM NO. 17: Custody Proceeding Examination of Private Investigator
FORM NO. 18: Custody Proceeding Examination of School Teacher
FORM NO. 19: Custody Proceeding Examination of Tutor
FORM NO. 20: Custody Proceeding Examination of Domestic Servant
FORM NO. 21: Custody Proceeding Examination of School Counselor
FORM NO. 22: Custody Proceeding Examination of Paramour
FORM NO. 23: Custody Action Examination of Parent Claiming Abandonment of Child
FORM NO. 24: Action for Enforcement of Visitation Order Examination of Parent Allegedly Violating Order
FORM NOS. 25 - 40: [Reserved]
John Nichols is a 1964 graduate of Rice University and a 1967 graduate from the University of Houston College of Law. His legal career has been dedicated to trial work, with special emphasis on family law, personal injury law, and general civil trial litigation. He holds certifications from the Texas Board of Legal Specialization in Family Law, Personal Injury Law and Civil Trial Law.
Mr. Nichols is also certified by the National Board of Trial Advocacy in Civil Trial Law and has been honored by several national publications, including the "Best Lawyers in America," for his work. In 2003, his peers named him one of Texas' "Super Lawyers," signifying his standing as among the best in the legal profession. He has published over 100 articles and given more than 150 lectures and seminars on topics relating to family law, torts, juries, trial preparation, ethics, professional responsibility, fraud, business litigation, and more. With Joe Phillips, he authors the treatise Personal Injury Depositions, also published by Juris.
