Child Custody, Child Support

Know Your Rights

Custody and Visitation

Child custody can be an issue in a divorce, when an unmarried couple breaks up, or, sometimes, when a non-parent is caring for a child.

In all custody cases, the court’s primary consideration when making decisions is the best interest of the child. Texas law allows for multiple custody arrangements:

• Joint custody, also called joint conservatorship: when two or more people share in the rights and duties of caring for a child
• Sole custody, also called sole conservatorship: when a single person has exclusive decision-making authority for a child
• Possessory conservatorship: when a parent is not named as a joint or sole conservator, they are given possessory conservatorship with limitations on their right to see the child or make decisions for the child

The person the child lives with is known as the primary conservator because they usually determine the child’s primary residence. Texas courts, however, can and do set limits on where a child’s primary residence can be located. The conservator who does not determine the child’s primary residence will have scheduled visitation rights.

Depending on the family’s circumstances and the custody arrangement, the parties can agree on a schedule for visitation. If the parties cannot agree on a schedule, Texas law provides a “Standard Possession Order” that allows for regular visitation, holiday visitation, and extended summer visitation. If there are safety concerns regarding visitation, the court may order something different if it is in the best interest of the child.

Child Support

Texas law requires that both parents have a legal duty to provide financial support for their child. A non-primary parent will usually be ordered to pay monthly child support.

If a parent has been ordered to pay child support and does not, it is possible to seek legal enforcement of the amount owed. A non-parent cannot be ordered to pay child support.

Your Legal Options

Depending on your situation, our lawyers can help you understand your rights and options, prepare and file legal documents, or represent you in court.

We can assist with:

• Divorce
• Child custody
• Protective orders