Child custody is a complex and emotional issue that can arise during divorce or separation. For beginner parents in McAllen, Texas, navigating the legal system and understanding the intricacies of child custody can be overwhelming. To help with your research, our lawyers in McAllen answer four child custody FAQs by beginner parents.
How is Child Custody Determined?
When deciding child custody cases, Texas courts prioritize the child’s best interests. To determine this, judges may consider several factors, including:
- Any history or evidence of family violence or abuse.
- The child’s physical, emotional, and developmental needs.
- The ability of each parent to provide for the child’s needs.
- The child’s relationship with each parent and other family members.
- Each parent’s involvement in the child’s life, including caregiving responsibilities and previous involvement in the child’s upbringing.
- The child’s preferences (if they are of sufficient age and maturity to express them).
- Ultimately, the court’s decision will depend on the unique circumstances of each case.
What are the Custody Arrangements?
There are two types of child custody in Texas: legal and physical.
- Physical custody refers to where the child lives.
- Legal custody refers to the right to make important decisions on behalf of the child, such as education, healthcare, and religion.
Within these two types of custody, there are different arrangements that parents can agree upon or that the court can order. For example, parents may share joint legal custody, one parent may have primary physical custody, or they may share joint physical custody with each parent having equal time with the child, also known as co-parenting.
How Does Child Support Work in Texas?
In Texas, the parent who does not have primary physical custody of the child is typically required to pay child support. The amount of child support is determined by a formula that takes into account the paying parents:
- Income.
- The number of children.
- Factors such as healthcare costs and childcare expenses.
If a parent fails to pay child support, there can be serious consequences, including wage garnishment, suspension of driver’s license, and even jail time.
Can Child Custody Orders be Modified?
Yes, child custody orders can be modified if there has been a significant change in circumstances since the original order was issued. For example, if one parent moves out of state, loses their job, or becomes incapacitated, a modification may be necessary.
To modify a child custody order, the parent should:
- Request the modification order.
- File a petition with the court the child custody order was made.
- Provide evidence of the changed circumstances.
- Get assistance from our child custody lawyers in McAllen if they don’t know how to start.
Then the court will hold a hearing to determine if the modification is in the child’s best interests.
Key Takeaways:
● Texas courts prioritize the child’s best interests when deciding child custody cases.
● There are two types of child custody in Texas: legal custody and physical custody.
● Child support is required from the parent who does not have primary physical custody of the child.
● Child custody orders can be modified if there has been a significant change in circumstances.
● Our child custody lawyers in McAllen can help beginner parents navigate the legal system and make informed decisions about their child’s future.
Review these Child Custody FAQS and Call for a Free Consultation
Barrera Sanchez & Associates is a highly reputable law firm that offers top-notch legal assistance for child custody cases. With a deep understanding of Texas family law and a commitment to their client’s needs, Barrera Sanchez & Associates is the best choice for legal help. Contact us today.