The Basics of Child Custody in Texas
For the most part, Texas’ child custody laws (also known as conservatorship) are relatively similar to that of other states. However, it’s still worth noting some of the basics of child custody if you want a better understanding of how Texas custody laws might differ.
For starters, there are two main types of conservatorship in Texas: Joint managing conservatorship, and Sole managing conservatorship.
Joint Managing Conservatorship
Like in most states, Texas courts assume that it’s in the best interest of the child(ren) that custody be awarded to both parents. Joint managing conservatorship means that the parents will share the rights, duties, and responsibilities of parenting. This can be agreed on by both parties and must be approved by a judge. If a judge approves of the shared conservatorship, then each parent’s respective responsibilities will be outlined in detail.
Joint managing conservatorship is broken down into two categories, primary joint managing conservatorship--meaning the “custodial parent” with the ability to decide the residence of the child--and possessory joint managing conservatorship. Texas Family Code § 153.135 states that when the judge decides to make both parents joint managing conservatorship, this does not mean that each parent will get the same access or possession of the child.
Sole Managing Conservatorship
In Texas, this means that one parent is awarded the exclusive legal right to make certain decisions for the child. In most cases, one parent is named the sole managing conservator and the other parent is named the possessory conservator. The sole managing conservator has legal authority to make certain decisions regarding the child, such as residence, receiving child support and medical consent. There are many reasons that a judge will rule in favor of one parent, such as family violence, neglect, alcohol or drug abuse, or history of extreme conflict. The possessory conservator has limited authority to make decisions on the child’s behalf, but is still granted visitation and other basic rights as a parent.
Custody and Parenting Plans
The final custody agreement appointed by the court is called a parenting plan. Once a parenting plan is signed by a judge and filed, the parents are legally bound to it. Texas law allows that “an impartial third-party” can assist in the development of the parenting plan if necessary. This plan includes all issues involving children from conservatorship, to child support.
Child Support
Usually the parent that is considered the “non-custodial parent” must pay child support. Child support is designed to help the custodial parent pay expenses involved with raising a child, such as childcare, health care, housing, and food costs. There are specific guidelines that determine the non-custodial parent’s monthly payment amount, which is based primarily on the parent’s annual income and the number of children being supported.
The nitty-gritty of child support is very technical. Generally speaking, the monthly payment amount is calculated as a percentage of the paying parent’s average monthly “take home pay” after all federal, state, social security, and other taxes have been withheld. As a general rule of thumb, paying parents can expect to pay around ~20% of their average net monthly income per child being supported.
Don’t Do It Alone
Child custody can be an emotionally draining process, and legally tricky. At Hedlesten Law PC, we fight to protect children's well-being while remaining sensitive to the potential impact of any parenting arrangement. Our Houston child custody team works closely with parents to design an arrangement so that the spouses can successfully co-parent as appropriate.
Contact us today to receive tailored legal advice for your specific child custody case.
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