Round Rock Child Custody Lawyer, Austin Child Support Lawyer

CHILD CUSTODY & SUPPORT OVERVIEW

Every expert will tell you that children are the biggest losers when their parents’ relationship fails. If at all possible, it is best to keep custody disputes out of court, and to strive to reach a peaceful agreement on how to care for and support the children now that there will be two households. If parents do go to court, Texas law requires a judge to make decisions based on the children’s best interests, not the parents.’ A good family attorney will assist you in developing creative and workable solutions for the care and support of your children.

AREAS OF PRACTICE

CHILD CUSTODY

In Texas, child custody and visitation are called “possession and access” and the rights and duties associated with caring for children are covered by the term “conservatorship.” The laws related to possession, access and conservatorship are the same whether or not the parents are in the process of divorcing, or were never married. Most parents agree to share the rights and responsibilities of caring for their children, and follow the “standard possession schedule” set forth in the Texas Family Code. If the parties can’t agree on these terms, a judge will make a determination for them based on the best interests of the children. Only in extreme cases will a judge bar a parent from seeing his or her children, or give only one parent all of the rights and duties associated with parenting.

RESIDENCY RESTRICTIONS & RELOCATION

By its very nature, a custody order limits the amount of time each parent sees his or her children. To minimize the impact of this on both children and parents, judges usually restrict the children’s residence to a relatively small geographic area (usually to the county in which the children currently reside and those adjacent to it), to insure that both parents have frequent and continuing contact with their children. It’s generally very difficult to avoid or remove a residency restriction; however, judges do take into consideration factors such as job opportunities and the location of other family members when deciding whether or not to impose such a restriction.

CHILD CUSTODY MODIFICATION

As children get older, their needs, desires and schedules change. Parents who are operating under a Final Decree of Divorce or another type of custody order often find that the current schedule is no longer workable. In some cases, parents agree to follow a different schedule without ever returning to court. However, unless the judge signs a new order reflecting the terms of the modified schedule, the parent’s agreement cannot be enforced in court. Most people prefer to memorialize the terms of their agreement in a new order to avoid future conflicts. If one parent wants to follow a new schedule and the other does not, the parent seeking to modify the order can file a Petition to Modify, provided his or her circumstances meet the specific legal prerequisites to filing that are found in the Texas Family Code.

CHILD SUPPORT

In every custody case, Texas law requires judges to make orders for the financial support of the children. This includes requiring the parents to cooperate in maintaining health insurance for the children, and ordering one or both parents to provide monthly financial support for the children. Judges follow a formula for calculating child support that is set forth in the Texas Family Code, based on the number of children the parties have, and the monthly net resources of the parent who will pay support. This is called “guideline child support.” While judges almost always order guideline child support, there are a number of factors that allow judges to deviate from the guidelines, such as when a child has special needs, or when a parent has to travel long distances to exercise his or her possession of the children.

CHILD SUPPORT ENFORCEMENT

The law gives judges more power to enforce child support obligations than just about any other type of debt. Because Texas has a very strong policy in favor of requiring parents to financially support their children, there are very severe penalties for parents who ignore a child support order. Child support payments are generally made through an organization called the State Disbursement Unit, which keeps a record of all support payments a parent makes. Because the child support records are readily accessible, it is generally very easy to prove to a judge that the other parent has not been paying support. Some judges will have the non-paying party arrested on the spot, though most are given a very short period of time to comply with the order to avoid incarceration.

CHILD SUPPORT MODIFICATION

Child support is subject to being modified for a variety of reasons. The most common basis for modifying support is an increase or decrease in the income of the parent paying support. Since child support is based on a specific percentage of the obligor’s monthly net resources, it is necessarily subject to fluctuations. However, to prevent constant litigation to adjust child support, the law has certain prerequisites to filing suit, namely, that a certain amount of time has passed since the last ordered was entered, and that the new support obligation will vary by a specific dollar amount or percentage from the previous amount.