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Child Custody

In Texas, the court will make child custody decisions based on what is in the best interest of the child. In Texas, custody is called “conservatorship.” Conservatorship is used to describe the legal rights and responsibilities of a parent. The court (or the parties by agreement) will:
(1) Appoint one parent as the Sole Managing Conservator of the child/children. Sole managing conservatorship means you are the only parent with the legal right to make certain decisions concerning your child. The other party will be the Possessory Conservator of the child/children meaning the party having visitation, or
(2) Appoint both parents as Joint Managing Conservators of the child/children. Joint managing conservatorship is when the rights and duties of a parent are shared by both parties. However, the exclusive right to make certain decisions like where the child lives may be awarded to one party.
In deciding custody issues, courts presume joint custody is in the child’s best interest, unless you can prove otherwise. In deciding which parent should have primary custody, the court will consider:

  • The history of contact between the parents and the child
  • The health, safety and welfare of the child 
  • The preference of a child age 12 or older

Child Support

In Texas, child support is based on state guidelnies.  The guidelines factor in the paying parent's net income and other resources, as follows:

  • 20 percent of net resources for one child
  • 25 percent of net resources for two children.
  • 30 Percent of net resources for three children.
  • 35 percent of net rosources for four children.
  • 40 percent of net resources of five childrenThe health, safety and welfare of the child

A child support order can be modified if there has been a change in circumstances, such as a big increase or decrease in the paying parent's income.

This information is meant to be simply informative and not meant to be considered legal advice as each case varies. Please call the Flores Harbour Law Office today and speak with one of our attorneys for a free consultation.