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FAQs About Child Custody Issues in TX

Frequently Asked Questions (FAQs) About Child-Related Legal Issues

Navigating the legal complexities of child-related issues can be overwhelming for parents. Whether it’s custody, visitation, child support, or other matters, understanding your rights and responsibilities is crucial for making informed decisions. At Shemesh Family Law, we frequently hear a range of questions from clients, and we’ve compiled some of the most common concerns below, along with simple explanations to help clarify the legal process.

Our Dallas-Fort Worth child custody lawyers serves clients from throughout the Dallas-Fort Worth metro area, including residents of Dallas County, Collin County, Tarrant County, Rockwall County, Denton County and Hunt County. If you have additional questions about child custody, contact our law firm today.

1. What is the difference between legal custody and physical custody?

Legal Custody refers to the right to make major decisions about a child’s life, such as decisions about education, healthcare, and religious upbringing. Both parents may share legal custody, or one parent may have sole legal custody, depending on the situation.
Physical Custody involves where the child lives on a day-to-day basis. This can be joint physical custody, where the child spends a significant amount of time with both parents, or sole physical custody, where the child primarily lives with one parent, while the other parent has visitation rights.

2. How does the court decide custody in Texas?

Texas family courts make custody decisions based on what is in the best interest of the child. Several factors are considered, including:

The child’s relationship with each parent
The ability of each parent to provide a stable, safe, and nurturing environment
The child’s emotional and physical needs
The child’s preference, if they are old enough to express one
Any history of abuse or neglect

The court strives to ensure the child’s well-being and may grant joint custody when possible, allowing both parents to remain actively involved in the child’s life.

3. What is child support, and how is it calculated?

Child support is a financial obligation that a non-custodial parent is required to pay to the custodial parent to help cover the costs of raising a child. In Texas, child support is generally calculated based on a percentage of the non-custodial parent’s income. The amount can vary depending on the number of children and the parent’s income.

If there are special circumstances, such as significant medical needs or educational expenses, the amount of child support can be modified. The court ensures that child support is in line with the child’s needs and the paying parent’s ability to provide.

4. Can I modify a child custody or support agreement?

Yes, modifications can be made to child custody and child support agreements if there is a significant change in circumstances. This might include changes in the child’s needs, a parent’s relocation, a change in income, or any situation that affects the child’s well-being.

To modify an existing order, you must petition the court and prove that the change is in the best interest of the child. A lawyer can guide you through this process and ensure that the modification is properly handled.

5. What is a visitation schedule, and how is it set up?

A visitation schedule outlines the times when the non-custodial parent is allowed to spend time with the child. Texas courts will generally aim to create a schedule that allows the child to maintain strong relationships with both parents, unless there are concerns about the child’s safety.

Visitation schedules can vary, but they often include regular visits, holidays, and vacations. These schedules can be flexible depending on the parents’ work schedules and the child’s needs. It’s essential to have a clear, detailed schedule to avoid future misunderstandings.

6. How do I enforce a custody or support agreement?

Once a court has issued a child custody or support order, it is legally binding. If the other parent violates the terms of the agreement, such as refusing visitation or failing to pay child support, there are legal steps you can take to enforce the order.

For example, if child support isn’t being paid, you can file a motion for enforcement with the court. Similarly, if custody or visitation terms are being ignored, you can seek assistance from law enforcement or request the court’s intervention to ensure compliance.

7. What happens if the parents cannot agree on custody or visitation?

If parents cannot agree on custody or visitation, they may need to go through mediation or, in some cases, go to trial. In mediation, a neutral third party helps the parents discuss and work out a solution. If mediation fails, the court will make a final decision based on what it deems is in the best interest of the child.

Going to trial can be a lengthy, expensive process, but it is sometimes necessary if an agreement can’t be reached. In such cases, having an experienced family law attorney to represent your interests is crucial.

8. What is joint custody, and is it always possible?

Joint custody refers to a custody arrangement where both parents share responsibilities for the child. This can include both legal custody (making decisions together) and physical custody (spending time with the child).

While joint custody is often encouraged, it’s not always possible. If there are concerns about a parent’s ability to cooperate, or if there is a history of abuse, the court may award one parent sole custody. Courts generally aim to provide children with access to both parents when possible, but the child’s safety and well-being will always be the priority.

9. What if my child is old enough to have a preference about custody?

In Texas, if a child is 12 years or older, they may be allowed to express a preference about which parent they want to live with. However, the court will take other factors into account before making a decision. The child’s preference is not the sole determining factor, but it can influence the outcome.

The court will consider the maturity of the child and whether the preference is based on sound reasoning. If the child is younger than 12, their opinion may still be considered, but the court will give more weight to other factors.

10. What if the other parent is not following the court order?

If the other parent is not adhering to the terms of the court order, whether it’s related to custody, visitation, or child support, you have legal options. You can file a motion for enforcement with the court, and the court can take action, which could include contempt charges, fines, or even changes to the custody arrangement.

Clarifying Legal Jargon:

Sole Custody: One parent has full responsibility for making decisions and/or providing primary care for the child.
Joint Custody: Both parents share legal and/or physical custody of the child, making decisions together and providing care.
Possession and Access: The legal term for the time a parent spends with the child during visitation.
Modification: A change made to a previously established custody or support order due to a significant change in circumstances.

Final Thoughts on Child Custody in Texas

Child-related legal issues can be overwhelming, but having the right information can help make the process smoother. At Shemesh Family Law, we’re here to answer your questions and guide you through the legal process. If you have any further questions or need assistance with a child-related legal issue, don’t hesitate to reach out to us. We’re committed to protecting your rights and ensuring the best interests of your child.