Child Custody 101

​To begin, good first question would be where to find the laws on child custody in Texas.  The answer is that many Texas child custody laws are codified under Title 5 of the Texas Family Code.  The rules are very complex and this article is just a brief introductory guide.  To get specific details about your case please call my office to schedule an appointment.  That being said, let's dive into a general description of child custody in Texas.

What is a Child Custody Determination?
Texas family courts consider two prongs of what is commonly referred to as child custody in everyday language.  The first prong is possession and access, what most parents may think of first when it comes to child custody.  Possession means which parent is physically in possession of the child, a court will consider when and where both parents should have possession of the children and for how long.  Conservatorship refers to the right and duty of a parent to make decisions about a child and the duties that a parent has towards a child.  Texas family courts determine a parent's rights and duties using what is known as the best interests of the child standard.  It isn't about what the parents want, it is about what is best for the child in the court's eyes after an interpretation of the facts of the case, the Texas Family Code and Texas case law.

A More Detailed Explanation of Conservatorship in Texas Family Law
Conservatorship is the term that describes the rights and duties that you have towards your child such as the right to make decisions.  As you are probably aware, there are many decisions that need to be made when raising a child and you may not have specifically pondered all of them, it may have been something that you just did.  In the child custody context the court will decide if one or both parents should make certain decisions, and what decisions are to be made.  Sometimes parents make decisions jointly and are called joint managing conservators or conversely one parent makes all the decisions and they are called a sole managing conservator.  An example of a decision that a court may assign to one or both parents is the right to make educational decisions or the right to make decisions about an invasive medical procedure, or the right to designate where a child primarily resides.  (This decision is usually by only one parent).  A court may decide that only one parent is to make a decision or both parents are to agree to the decision.  There are also other options that a court may consider.  There are some rights that parents have at all times and some rights that parents only have when the child is in their possession.  An example of a right that a parent has at all times is the right to attend school activities or to be informed about how a child is doing in school.  Another is the right to be notified in the event of an emergency regarding the child.  An example of a right and duty that a parent may have only during their period of possession is the right to exercise reasonable discipline on a child or the duty to feed and clothe the child.  There are many rights and duties and some of the issues surrounding who should make those decisions, or perform certain duties, can become contentious in child custody litigation given the complexity of the many specific circumstances in which people operate.  If you need help with a child custody case then you should hire a competent attorney at the Law Office of Chad Zubi to aggressively pursue you getting the rights and duties that you should regarding your child.  You can get a free consultation by calling 832-777-8924 or by sending an email at chadzubilaw@gmail.com.

Child Support  
Child support in Texas is almost always paid by the parent who does not get to decide where a child lives, the non primary parent.  Child support in Texas is based on the payor's income level and is set according to certain guidelines that were developed by the Texas legislature and are presumed to be in the best interest of the child.   If a court is going to veer from guideline child support then the judge is going to have to have a reason why veering from the Texas guidelines is in the best interest of the child.  In mediation it is much easier to agree on a child support amount that is different from the Texas guidelines.  
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Contact the Law Office of Chad Zubi if you need help with your case
If you have a divorce or child custody case then I urge you to hire a competent lawyer to represent you.  There are many more complexities in child custody law other than what are mentioned here.  You can schedule an appointment for a free case evaluation at the Law Office of Chad Zubi by calling 832-777-8924 or sending an email to chadzubilaw@gmail.com.

Tags: Child Custody, Visitation, Child Support