Child Custody
What are the basics I need to understand?
Courts in Texas use the "best interest of the child" standard to determine who will have custody of a child when a divorce or suit affecting the parent-child relationship (SAPCR) is presented. This standard is used whether a couple was married or not.
Texas courts use the word "conservator" when discussing what is traditionally know as child custody. The term "possession" is used when one thinks of visitation rights. The presumption in Texas is both parents should be named Joint Managing Conservators and should share in the decision making for the child. This presumption can be overcome with compelling evidence, like whether there has been a history of family violence.
Conservatorship can be granted by cases that involve divorce, a SAPCR, paternity, or family violence protective orders.
What is the "Best Interest of the Child "?
This standard requires a judge to consider the child’s best interest when making decisions about custody, visitation, and child support. The child’s best interest is considered in cases involving divorce, SAPCR, modification of existing custody agreements, termination of parental rights, and CPS issues.
Under the best interest standard, courts can consider any relevant facts in determining what is in the child’s best interest. While not exclusive as court can also look at other factors, the Texas Supreme Court provided the following factors in considering a child's best interest: (1) the desires of the child, (2) the emotional and physical needs of the child now and in the future, (3) the emotional and physical danger to the child now and in the future, (4) the parental abilities of the person seeking custody, (5) the programs available to assist the parties to promote the best interest of the child, (6) the plans for the child made by the person seeking custody or the agency, (7) the stability of the home or proposed placement, (8) the acts or omissions of the parent that indicate that the existing parent-child relationship is not a proper one, and (9) any excuse for the parent’s acts or omissions.
As with any legal situation, facts matter, so it is important to discuss anything you feel may be relevant with our attorney's.
Conservator - Joint, Sole, or Possessory
Joint Conservator
Possessory Conservator
Joint Conservator
A Joint Managing Conservatorship is where the parents share in the decision making. This does not mean they get equal time with the child as that is part of the possession order. Rights of a Joint Managing Conservator are listed in the Texas Family Code section 153.073 and include the right to be informed about matters pertaining to the child.
Sole Conservator
Possessory Conservator
Joint Conservator
A Sole Managing Conservatorship is where one parent has the exclusive right to make most decisions for the child. While this is not the standard, courts may award one parent Sole Managing Conservatorship if there is family violence, abuse, neglect, or a situation where the other parent is absent. Rights a parent sole managing conservator has are documented in Texas Family Code section 153.132 and include the exclusive right to designate the child primary residence.
Possessory Conservator
Possessory Conservator
Possessory Conservator
A Possessory Conservatorship does not have the rights of a Managing Conservator and will most likely not have the final say in decisions made about the child. While a Possessory Conservator still has some of the rights of a parent, those rights are limited to ones that affect the decisions being made while the child is in the possessory conservator's possession. In determining what a parents conservator role will be, courts must consider if there has been a history of family violence. These rights are detailed in Texas Family Code section 153.074.
Child Support
How much do I have to pay?
In Texas child support is normally based on your net income from all sources and can be withheld from your paycheck by your employer. Court ordered medical and dental support and back child support can also be withheld.
The basic guideline for child support is based on a percent of your monthly net income, starting at 20% and going up from there.
Keep in mind, support obligations must go through the Texas Child Support Disbursement Unit (SDU). Payments made outside the SDU may be considered gifts, not support payments.
To calculate your specific situation, the Texas Attorney General's office has a child support calculator here.
How long do I have to pay?
Child support usually ends when the last child turns eighteen (18) or graduates from high school, depending on which one is later. Support can continue even if your parental rights have been terminated.
Keep in mind, you may be obligated to pay child support past these times if you are behind on your support arrangements.
Can my support obligation change?
Child support obligations can change, depending on your circumstances. To increase or decrease support, you must show there has been a change in circumstances for the child, for you, or for the other party since the last child support order.
If it’s been at least three years since the last child support order and the current amount varies from the child support guidelines by 20% or $100, you can ask the Office of Attorney General Child Support Division (OAG) to review the amount of current support requirements.
For information on Child Support Modifications, refer to our Modifications Page.