Child custody, visitation and support in Texas
Parents who are going through a divorce frequently have a lot of questions about what the future holds, especially regarding their children.
April 24, 2013
Child custody, visitation and support in TexasArticle provided by Hortick & White, PLLC
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Parents who are going through a divorce frequently have a lot of questions about what the future holds, especially regarding their children. When combined with the sometimes-inaccurate portrayals people see on television and Texas' unique legal terminology regarding child custody, parents are often confused. An experienced family law attorney can help guide a parent through the divorce and child custody process, leading the way to a fresh start.
Child custody is conservatorship
In Texas, child custody is called conservatorship, and there are two kinds: joint managing conservatorship and sole managing conservatorship. In a joint managing conservatorship, both parents have the right to make decisions about the child, including his or her medical care, education and religious upbringing. Both parents also have the duty to support the child. A sole managing conservatorship grants these rights to one parent. Texas law presumes that both parents should be joint managing conservators of a child, and one parent is not preferred over the other because of his or her gender.
Visitation is possession
The parent with whom the child mainly lives is called primary conservator, and the parent who gets visitation with the child is called the possessory conservator. Visitation or parenting time is called possession in Texas. Judges usually follow a standard possession arrangement when awarding visitation rights.
Under the standard visitation schedule, the possessory conservator has visitation with the child at these times:
-The first, third and fifth weekend of every month
-Every Thursday evening
-Shared time on holidays
-Extended time during summer break from school
Judges make decisions regarding conservatorship and possession according to the best interest of the child, and they may consider a child's preference, although a judge does not have to follow the child's request.
Child support
The parent with possessory or visitation access to the child is often ordered to pay child support to the parent with primary conservatorship. Texas uses a formula to determine the amount of child support a parent must pay, considering the parent's net income and the number of children he or she supports. Judges deviate from the standard amount only in rare circumstances, and child support usually must be paid until the child turns 18 years old.
Getting divorced can be a difficult process, especially when children are involved. If you are thinking about getting a divorce, contact an experienced family law attorney. A lawyer can help protect your rights in this tumultuous time and strongly advocate for your wishes regarding your family and your future.