Frequently Asked Texas Child Custody Questions – Part 1 of a 3 part blog post dealing with many of the frequently asked Texas child custody questions that I commonly get in handling child custody cases.
What Is Joint Custody? What Is Sole Custody?
In Texas, courts divide child custody issues into two different categories: conservatorship and possession and access.
Conservatorship is basically the rights and duties of the parents (i.e. to make decisions for the child regarding schooling, medical decisions, and psychiatric decisions, among many other things). Conservatorship can be done in different ways, including allowing one parent to make all the decisions (Sole Managing Conservatorship) or allowing both parents to jointly make the decisions (Joint Managing Conservatorship).
When determining the rights and duties of the parent(s), the court will decide what is in the best interest of the child, which takes into account a large number of factors.
Possession and access refers to when the parents have physical custody of the children or when they can visit with the children. Texas has two statutory possession and access schedules: standard and extended standard. These schedules dictate the time each parent spends with the child.
However, the parties can agree on different possession and access schedules based on their needs or the court can order a different possession and access schedule based on the best interest of the child.
If I Have Custody, Will I Receive Child Support? If Both Parents Share Custody Does Anyone Pay Child Support?
Whether or not a parent has to pay child support depends on what the court determines to be in the best interests of the child.
In determining the best interests of the child, the court will consider evidence relating to a wide array of factors including: physical and emotional needs; physical and emotional danger; stability of home; plans for child; cooperation between parents; parenting skills; who was the child’s primary caregiver; the child’s preferences if the child is 12 or older; geographic proximity of the children; keeping siblings together; false reports of child abuse; and fitness of each parent (including abuse, physical force and family violence).
Typically the parent who is awarded the right to designate the primary residence and/or has possession and access to the child a majority of the time is the recipient of child support.
Can A Parent Refuse To Allow Visitation If Child Support Is Not Paid?
No, child support and visitation do not go hand-in-hand. While the court can take into consideration how much possession and access to the child(ren) is being exercised when determining the amount of child support to be paid to an obligee, a parent nor a court can refuse to allow visitation solely on the issue of non-payment of child support.
When Can My Child Decide Which Parent To Live With?
In Texas, a child’s decision cannot be the sole factor in determining which parent the child lives with. However, once the child reaches the age of 12, and upon motion, the court can consider the child’s wishes as to whom he/she wishes to live with.
