Protecting Your Children’s Future After A Divorce
The aftermath of a divorce brings significant changes, especially when children are involved. Understanding and managing child custody and child support in Texas can be the most complex and emotionally taxing issue facing divorcing parents.
At Osborn Law Firm, P.C., in Taylor, Texas, our lawyers have over 20 years of combined experience in various family law matters. We help parents in Williamson County and across Texas find positive outcomes for their children’s future while protecting their parental rights.
Who Gets Custody In Texas?
Child custody, legally known as “conservatorship” in Texas, determines who has the legal right to make decisions about a child’s welfare, education and health. It also outlines the living arrangements and visitation schedules.
If parents agree on a custody plan, they must submit a written agreement to the court, which a judge must approve. If they disagree, a judge will decide for them.
There are two types of conservatorships in Texas:
- Joint managing conservatorship (JMC): Both parents share parental rights and duties. However, these duties may not be equally divided. For example, the court may designate one parent as the “primary” JMC, also known as the custodial parent, who determines the child’s main residence.
- Sole managing conservatorship (SMC): In some cases, the court will designate one parent as SMC, giving them the right to make all decisions for the child. This can occur when one parent has a history of drug or alcohol addiction, physical abuse, absence from the child’s life or other reasons the court deems essential.
When determining conservatorship, the court considers many factors. In Texas, the custody process begins with the presumption that joint managing conservatorship is best for the child.
At Osborn Law Firm, P.C., our team skillfully navigates the custody process, ensuring that our client’s parental rights are protected while focusing on the child’s best interests.
What Factors Do The Courts Consider When Deciding Child Custody?
Determining custody in Texas is primarily about supporting the “best interests” of the child. This means considering who will provide the best living situation and environment for the child’s well-being and growth. When it comes to making this decision, the courts may look at certain factors, including:
- The child’s relationship with each parent
- The child’s physical, emotional and psychological needs, and whether each parent can understand and support those needs
- The parenting ability of each parent
- Household stability
- History of domestic violence or substance abuse by either parent
The courts also consider the child’s wishes, depending on their age. Generally, if the child is age 12 or older, the courts may consider the child’s preferences regarding their living and custody arrangements.
Every custody case is different and requires a careful and thorough understanding of the family’s situation. Our skilled lawyers will prepare parents for this stressful process to help achieve a favorable outcome.
Texas Child Support Guidelines
Child support involves financial contributions from the noncustodial parent to the custodial parent to support the child’s living expenses and other basic needs. A formula established by the Texas Family Code determines the amount based on the noncustodial parent’s monthly income and the number of children involved. The amount paid is as follows:
- One child: 20% of monthly net income
- Two children: 25% of monthly net income
- Three children: 30% of monthly net income
- Four children: 35% of monthly net income
- Five or more children: Minimum of 40% of monthly net income
For example, if a noncustodial parent has a monthly net income of $5,000 and has two children, they will have to pay $1,250 in child support every month.
While the process may seem straightforward, it can be confusing and stressful. Our experienced child support attorneys understand the factors involved in establishing a fair arrangement. We are also adept at handling modifications when circumstances change significantly for the child or either parent.
Contact Us To Protect Your Rights And Your Child’s Future
If you are grappling with child custody or support issues, you need a custody attorney who will fight for your rights and your child’s well-being.
Whether establishing child visitation or determining child support, call Osborn Law Firm, P.C., at 512-524-9359 or email us to schedule a free consultation. Let’s work together to protect your child’s future.