Child custody is often one of the most important issues that must be determined in a divorce case. These situations can get contemptuous, so it’s crucial to hire a professional to help you. It’s also important to have a basic understanding of the Texas child support laws so you know what you might be entitled to and you can collaborate with your lawyer. If you need assistance, don’t hesitate to contact The Moffett Law Firm to set up an initial consultation to discuss your options.
Types of Custody in Texas
In Texas, there are two main categories of custody, joint and sole.
Joint Custody
In a joint custody arrangement, both parents have equal rights to care for the child. In the physical sense, equal rights mean that the parents will divide up their child’s time equally amongst both households. In a joint custody arrangement, both parents usually agree on what equal time means. If there isn’t an agreement, these decisions will be made by a judge. Joint custody can also refer to more than just physical custody; it also includes who gets to make decisions for the child on issues such as schooling, medical care, and other important needs. With joint custody, both parents get to have a say in these decisions.
Sole Custody
In a sole custody arrangement, one parent has primary custody of the child. Sole custody means that the parent will have sole responsibility for deciding where the child lives, and they will also unilaterally be able to make all decisions regarding the child’s wellbeing. This can be by agreement or through a court order. Sole custodial arrangements are often determined in court when there is a concern that one parent may be an unfit parent.
A Child May Have a Say In Where They Live
In some circumstances, the child may actually have a say in where they live and which parent has custody of them. While a child cannot make a unilateral decision about custody until they are 18, once a child is 12 years old, they can be interviewed about their wishes. In this interview, they can state their preference and why they wish to live with that specific parent. While this won’t be the sole deciding factor, a judge will certainly consider this.
Child Support Payments & Joint Custody
Many people assume that if joint custody is awarded, neither parent is responsible for paying the other parent-child support. This is not the case in Texas. When joint custody is awarded, the judge has the authority to decide if either parent will be required to pay child support. However, if the parents can agree upon an amount of child support or both agree that neither parent has to pay child support, this is acceptable and a judge will not have to weigh in.
Contact The Moffett Law Firm For Assistance
When it comes to divorce and child custody, there are a lot of complex legal concepts involved. One of the primary decisions that will be made is whether custody is joint or sole, and what the guidelines for visitations are. Fortunately, you don’t have to go through this on your own. When you hire The Moffett Law Firm, you will be assisted by a team of attorneys who has your best interest in mind. We treat all of our cases as if they involve our own family members.
Our attorneys have been handling these types of cases for almost 20 years. To schedule an initial consultation, call our office at (713) 333-5800 or contact us online.
