The child custody laws are generally found in Chapter 153 of the Texas Family Code.  The court makes the determination of custody based on the “Best Interest of the Child.”  This of course is dependent upon a judge or jury’s belief of what is in the child’s best interest.  Almost everything can be considered for the child’s best interest but the main one’s seem to be the following:

• Which parent has been the most involved historically with the children.  That is, who shops for them, cooks for them, arranges parties and play dates, who helps with home work, reads to them, gets them ready for bed and for school, who takes them to the doctor, and etc.
• Financial stability of a parent
• History of Drug Use
• Evidence of Family Violence
• Mental Health
• Child’s preference (when they are 12 years of age or older)

None of these factors are decisive.  Even if a child over the age of 12 tells the judge which parent they want to live with the judge still doesn’t have to follow the child’s wishes.  What is required is for an experienced child custody lawyer to use their skills to enhance the positive elements of their client and minimize the potential weaknesses.  Unfortunately, in a contested case, the court will ultimately chose a parent with which the children will primarily reside.

The rights and duties of parents under the Texas Family Code can be found in sections 153.071, 153.073, 153.074, 153.075, 153.076, 153.131, 153.132, 153.133 and 153.134.

However, in general the main rights the parents tend to fight about are the following which the court can order be exercised “exclusively by one parent,” “by agreement between the parents,” or “independently by each parent:”

1. The right to designate the primary residence
2. The right to consent to medical, dental, and surgical treatment involving invasive procedures,
3. The right to consent to psychiatric and psychological treatment,
4. The right to receive and give receipt for period payments for support of the children,
5. The right to represent the child in legal actions
6. The right to consent to marriage and enlistment in the armed forces,
7. The right to make decisions concerning education,
8. The right to the services and earnings of the children, and
9. The right to act as an agent for the child.

To Learn More about your ability to how to protect and fight for your Parental Rights in a Child Custody Lawsuit in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties contact our experienced Texas Child Custody Lawyers in The Woodlands | Magnolia, TX and Bryan | College Station to develop a winning plan.

It depends on whether you are alleged to have committed the family violence or if you were the victim.  Under the Texas Family Code, if family violence has according the the 2 years preceding the date the custody case was filed, the court is prohibited from appointing both parents as “Joint Managing Conservators” which means that the parent who was the victim of the violence must be named as the “Sole Managing Conservator”  giving them exclusive decision making rights to everything for the child.

Additionally, the Texas Family Code section 153.004 prohibits the parent who committed the family violence from having access to the child unless the court specifically determines that its in the best interest of the child that some form of possession or access be ordered, but the court can significantly restrict the type of access that will be allowed and even order all access to be continuously supervised.

If you are facing a Child Custody case that involves allegations of Domestic Abuse and Family Violence in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties contact our experienced Texas Child Custody Lawyers in The Woodlands | Magnolia, TX and Bryan | College Station to learn how we can help either pursue or defend against these allegations.

The general rule is that if the court names one parent as having the exclusive right to designate the primary residence of the child, the other parent will be ordered to pay child support along with providing health insurance for the kids.  Child Support is calculated based on the net income of a parent and applying percentage for each child the parent must support.  For example, if you have 1 child its 20% of your net income, 2 children is 25%, 3 children is 30% and etc.  However, if you have other children from other relationships, there is a slight decrease in the percentages applied to your net income.  Our Child Custody Lawyers are extremely well versed in the child support laws of Texas and will help you determine the amount you should be receiving or paying in support.

It depends on what you mean by “sole custody.”  In Texas, the family code doesn’t mention the term “sole custody.”  The terms used in the family code are “Sole Managing Conservator” and “Joint Managing Conservator.”  In most cases, the parents will be named as “Joint Managing Conservators” which refers to both parents having the ability to make decisions for the children, but it doesn’t have anything to do with possession of the children.  When parent’s are named Joint Managing Conservators, the court will in many cases name one parent as having the “Exclusive Right to Designate the Primary Residence of the Children,” and this is what most people think of when the mention “Sole Custody.”

Being named as a “Sole Managing Conservator” usually doesn’t happen unless the other parent has committed family violence in the past 2 years, had a substance abuse problem, engaged in conduct constituting abuse or neglect, or has been the subject of a final protective order.

Practically speaking, most custody cases will end with both parents being named as “Joint Managing Conservators” with one parent determining the primary residence of the child and the other parent having possession of the children according to the Standard Possession Schedule under the family code.

To begin the process of pursuing sole custody of your children in a Child Custody case in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties contact our experienced Texas Child Custody Lawyers in The Woodlands | Magnolia, TX and Bryan | College Station for a free case evaluation.

Having a new significant other is always a factor the court takes into consideration.  By bringing a new person into your child’s life, all factors of your significant other become relevant such as criminal history, mental health, stability, drug and alcohol problems, family violence, protective orders, and whether they have children themselves.  If your significant other has some bad facts with any of these factors, you are probably hurting your custody case by continuing the relationship.  That’s just the reality.

If you are in a long term relationship and your significant other doesn’t have any bad facts that can be used against you, there isn’t much cause for concern.  But, if you are satisfied with the relationship, you may wish to give considerable thought to getting married to them because judges often see “Spouse” as a much more stable relationship than a live in boyfriend or girlfriend regardless of the length of the relationship.

The Texas Family Code presumes that the Standard Possession Schedule specified in section 153.3101 – 153.317 is the best schedule for the child.  To deviate from that schedule the court must determine that based on the facts of your case, the terms of the Standard Possession Schedule are not in the best interest of the child or otherwise are unworkable.  Then the court can order whatever schedule they view is in the best interest of your child.

The Standard Possession Schedule is fairly lengthy but essentially its where one parent has possession of the children every other weekend and then parents alternate the big holidays like Thanksgiving, Winter Break, Spring Break, and Summer Vacation.

Depending on the facts and circumstances of your case, a different possession schedule is possible if 1) both parents agree on a schedule or 2) the court determines that another schedule is more appropriate than the Standard schedule.  In those cases, some form of a 50/50 schedule is attainable when both parents have been exceptionally involved with the children.  Schedules such as a week on/ week off or a 2-2-3 split are common deviations from the standard possession order.  Week on / week off schedules are pretty straight forward, but more common is the 2-2-3 split (sometimes called a 2-2-5) which is where one parent has possession Monday and Tuesday every week, the other parent has Wednesday and Thursday, and then they each rotate the weekend possessions.  However, these schedule are never a guarantee because sometimes judges dislike the frequent back and forth possession of the children since they believe it’s very difficult on the children.  Again, it all depends upon the unique facts of your case.

If however a 50/50 schedule is achieved, child support provisions may no longer be a mandatory order but this will depend on the income equality between the parents.  If you wish to pursue a 50/50 schedule our experienced child custody lawyers serving The Woodlands, Spring TX and surrounding areas can help you.

Texas Courts have really no say over the child tax credit but parent’s are often concerned about it.  The IRS makes this determination and they will assume that the parent that determines the primary residence of the child as being the parent that has the right to claim the Tax Credit.  However, this can be bargained away in 50/50 possession schedule arraignments.