Houston Child Custody and Child Support Overview

Texas Law goes by the Equal Rights Amendment:
- The court will consider “the qualifications of the parents without regard to the sex of the parent”.
- Parents share the child-raising responsibilities during the marriage.

Under Texas Family Code, Custody is known as “Conservatorship”.
- States the duties and rights of each parent for their children.
- Explains the decisions and responsibilities of each parent.

Types of Custody
The Texas Family Code makes the best interests of the child the #1 priority.

Joint Managing Conservators (JMC’s)
- One parent will be the primary joint managing conservator.
- Primary home for the child.
- Will receive child support from the other parent.
- Both parents share rights, responsibilities and duties regarding their child.
  - Medical
  - Education

Sole Managing Conservator (SMC)
- Same rights as the Primary Joint Managing Conservator.
- The other parent will be the Possessory Conservator.
  - Has visitation rights

Custody Determination in Houston

If your child is over 12 years old, he or she can sign an affidavit asking to live with one of the parents.
The court gives their preference a lot of consideration:
- The maturity of the child
- Decision made without the influence of the parent?

Factors used by the court to determine custody include:
- Home environment
- Will there be day care or will the child be left home alone?
- Is there a drug, alcohol, abuse problem?
- Relationship between parent and child and siblings
- Child’s education is very important
  - Is parent familiar with school, teachers, child'

As a parent requesting custody, you can:
- Show your child how much you love him or her
- Make sure visitation with the other parent happens
- Give your child a lot of time
- Have a discipline plan – share the rules and consequences
- Attend parenting classes if necessary

Custody Modifications

A parent can file a motion to modify custody with the court.
If circumstances change, the court can change the primary possession and/or visitation schedule, and can replace the sole managing conservator or joint managing conservator.
In order to change the sole managing conservator, you would need to prove that the child’s environment can endanger his or her physical or emotional health.
Changes can occur if you fail to pick up your children at the correct time, etc.

Standard Possession Order (Visitation Rights)

The Texas Family Code provides the visitation schedule if the parents cannot agree to one.
Divides holidays between each parent.
The parent who has visitation rights will receive at least 2 weekends a month, 2 hours during the week, and 30 days during summer vacation.
If the parents live more than 100 miles from each other:
- Holidays remain the same (Christmas, Thanksgiving, Mother’s/Father’s Day, the child’s birthday).
- Instead of 30 days during the summer, the parent with visitation rights will get 42 days.
- Can follow the 1st, 3rd, 5th weekend schedule or 1 weekend a month (with 14 days notice).

Interstate Custody Issues

Texas has adopted the Uniform Child Custody Jurisdiction and Enforcement Act.
It requires that states work together in enforcing child custody and visitation schedules made by another state – the original state would have jurisdiction regarding custody.
It grants priority to the state where the child lived for the last six months.
Provides enforcement of interstate custody and visitation rights.
Authorizes warrants to protect children who might be removed from the state.

International Custody Issues

A treaty known as the Hague Convention on the Civil Aspects of International Child Abduction comes into effect if a child is abducted to another country.
An application for return of the child is made when a child is taken to another country without the consent of the parent with custody rights.

Child Support in Houston

It is the responsibility of each parent to support their minor children.

A wage withholding order is given to the non-custodial parent’s employer.
Support will automatically be deducted from the paycheck.
Will be forwarded to the Texas State Disbursement Unit in San Antonio who will then send to the custodial parent.

If you have other children from another marriage, the court will take this into consideration.

The Texas Family Code has guidelines to determine the amount of child support to be paid by the non-custodial parent.

Calculated by first deducting federal, state social security taxes, union dues (if applicable) and health insurance premiums.
- 1 child 20% of the net income
- 2 children 25% of the net income
- 3 children 30% of the net income
- 4 children 35% of the net income
- 5 children 40% of the net income
- 6+ children At least 40% of the net income; no less

Child Support Modifications

Can be modified if the non-custodial parent’s income increases or decreases.
Example: if the non-custodial parent is laid off or has a lower-paying job.
If the non-custodial parent gets a job paying more money, the custodial parent can request an increase.
If more than 3 years since the support order was changed, the amount could be changed by about $100 a month.

Conclusion
We will answer all your questions without fighting with your ex-spouse; fighting gets you no where and it can hurt your children. We will make this process easier on you and your children. Call us at the Family Law Offices of “insert attorney name” in Houston because we care about you.

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Child Custody / Child Support Issues in Houston