Transform Your Child’s Future With a Smart Support and Custody Plan
Handling child custody and support matters can be a challenging journey. A Houston Texas child support lawyer provides essential guidance for creating fair and effective parenting plans.
Understanding custody arrangements and support obligations helps ensure the well-being of children after a separation or divorce. Custody determines where the child lives and how time is divided between parents, while support covers financial responsibilities.
Addressing these elements thoughtfully fosters stability and cooperation, benefiting everyone involved. With the right legal support, parents can make informed decisions that prioritize their children’s best interests.
Quick Summary
Below is an overview of the key points of this article.
- Child custody decisions are made by the court with a focus on the child’s best interests, considering factors like the proximity of each parent’s home to key places, home safety, financial stability, and each parent’s availability. There are two types of custody: Joint Managing Conservatorship (JMC), where both parents share responsibilities, and Sole Managing Conservatorship (SMC), where one parent has full decision-making rights.
- Courts decide child custody based on what is best for the child’s well-being, considering factors such as the child’s relationship with each parent, the ability of each parent to meet the child’s needs, and the stability of each household. A parent may be deemed unfit if they have a history of abuse, substance abuse, or other issues affecting their ability to care for the child.
- Parents can request changes to a child custody order at any time, filing in the original court or the child’s new county if they have moved. If both parents agree, the modification process is quick. Otherwise, it requires a court hearing where the requesting parent must prove a significant change in circumstances and that the change benefits the child. In Houston, visitation rights are determined by a standard possession order, which divides time based on a set calendar, though adjustments can be made if it’s better for the child.
- Child support laws require financial support from the custodial or noncustodial parent until the child turns 18 or graduates high school, whichever is later, or under certain other conditions. Support can be paid through regular payments, lump sums, annuities, or setting aside property. Child support obligations end if the child gets married, is emancipated, dies, or joins the military. Calculations are based on the parent’s net income.
- Child support guidelines determine the amount based on the paying parent’s monthly net income. For parents earning $7,500 or less, the support ranges from 20% of income for one child to at least 40% for five or more children. Houston courts also consider factors like the child’s age, each parent’s financial situation, and childcare costs. Child support orders can be modified if there are significant changes in circumstances or if three years have passed since the last adjustment, requiring a petition detailing the changes.
What Are Child Custody Laws in Texas?
The court alone decides custody and visitation arrangements, focusing on what is best for the child in Houston, Texas. The best interest of a child isn’t just what the judge thinks. Section 154.004 of the Texas Family Code lists several factors that are considered for a child’s best interests, including:
- How close the parent’s home is to schools, friends, and family
- The safety and condition of the home
- Each parent’s financial situation
- Each parent’s availability (work schedules, travel frequency, etc.)
Remember that Texas courts prefer to keep both parents involved in a child’s life, if possible. This helps the child build a relationship with both parents.
Who Gets Custody in Houston, Texas?
Child custody, called “conservatorship” in Texas, decides who can make choices about a child’s welfare, education, and health. It also includes living arrangements and visitation schedules.
If parents agree on a custody plan, they must give a written agreement to the court for a judge to approve. If they disagree, a judge will decide. There are two types of conservatorships in Houston, Texas:
Joint Managing Conservatorship (JMC)
Both parents have parental rights and responsibilities. However, these responsibilities might not be split evenly. For example, the court might name one parent as the “primary” JMC, or custodial parent, who decides where the child mainly lives.
Sole Managing Conservatorship (SMC)
Sometimes, the court will name one parent as SMC, giving them the right to make all decisions for the child. This might happen if one parent has a history of drug or alcohol abuse, physical abuse, being absent from the child’s life, or other important reasons.
When deciding on conservatorship, the court looks at many factors. In Texas, the process starts with the idea that joint managing conservatorship is usually best for the child.
What Factors Do the Houston Courts Consider When Deciding Child Custody?
In Houston, deciding custody focuses on what is best for the child. This means figuring out who will offer the best living situation and environment for the child’s well-being and growth. The courts may consider several factors when making this decision, including:
- The child’s relationship with each parent
- The child’s physical, emotional, and mental needs, and whether each parent can meet and support those needs
- Each parent’s ability to care for the child
- Stability of the household
- Any history of domestic violence or substance abuse by either parent
The courts also take the child’s wishes into account, based on their age. Usually, if the child is 12 or older, the courts may consider what the child wants for their living and custody arrangements. Each custody case is unique and needs a careful review of the family’s situation.
What Makes a Parent Unfit in Houston?
The court will consider if a parent is unfit when deciding on custody and visitation. In Houston, Texas, a parent might be seen as unfit for several reasons, including:
- They have a history of child abuse, neglect, or family violence
- They are currently abusing drugs or alcohol
- They often do not act in the child’s best interests
- Their mental or physical health is too poor to take care of the child properly
- The child is old enough to give their opinion on the custody case and asks for an SMC
- The parent is in prison or cannot care for the child due to their living situation
In an SMC, the parent who has the child living with them is called a “possessory conservator.” This parent usually has most or all of the legal and physical custody of the child. The other parent might still be able to visit the child if they get visitation rights.
Depending on the case, the court might decide that the other parent can only visit the child with a third party present to supervise.
Can a Child Custody Order Be Modified in Texas?
In Texas, either parent can request a change to child custody at any time. This request must be filed in the court that handled the original divorce unless the child has moved. If the child has moved, the case can be moved to the court in the child’s new county. If both parents agree on the change, the process can be quick.
They just need to submit a new custody order with the changes to the court. The court will review and usually approve it. Once approved, the order is legally enforceable. If the parents do not agree on the change, the process takes longer, as both must appear before a judge. The parent seeking the change must show that:
- The child is 12 years old and wants to change who is the main caregiver
- There has been a significant change in circumstances
- The proposed changes would be best for the child
If the child is under 12 or does not want to change the main caregiver, the order cannot be changed unless the circumstances have been significantly different. In Texas, significant changes include:
- Changes in the parents’ marital status
- Moving jobs or relocating
- Losing a job
- Health problems
- Abuse or neglect of the child by either parent
- Drug or alcohol abuse
The court will only change the custody order if the new arrangement is best for the child. To decide if the proposed change is suitable, the court looks at factors like the child’s needs, their wishes (if they are old enough to share them), and their relationship with each parent.
How Does Houston Child Custody Affect Visitation?
When one joint managing conservator is named as the primary conservator, the other parent will get “possessory conservatorship,” which means visitation rights. Texas uses a standard possession order where parents share custody according to a calendar set by the Texas Family Code.
Parents will split special occasions, holidays, and school breaks as equally as possible. If it is better for the child, the court may let parents adjust from the standard possession order.
What Are Child Support Laws in Texas?
In custody cases, the court decides who handles parental responsibilities. According to the Texas Family Code, the court can order either the custodial parent, the noncustodial parent, or both to provide support for the child:
- Until the child turns 18 or finishes high school, whichever happens later
- Until the child is emancipated by marriage, by a court order, or by other legal means
- Until the child passes away
- If the child is disabled as defined by this chapter, for an indefinite time
Child support can be paid in several ways: regular payments, a one-time lump-sum payment, buying an annuity, setting aside property for the child’s support as outlined in the order, or a mix of these methods. Unless there’s a written agreement or the order says otherwise, a child support order ends when:
- The child gets married
- The child’s legal disabilities are removed
- The child dies
- A court finds that the child is 18 or older and has not met school enrollment or attendance requirements
- A court issues an order ending the parent-child relationship because genetic tests show the obligor is not the child’s biological father
- The child joins the United States armed forces and starts active service
Child support obligations are based on a parent’s net resources, which include:
- All wages and salary, including commissions, overtime, tips, and bonuses
- Interest, dividends, and royalty payments
- Income from self-employment
- Net rental income (rent after paying for expenses and mortgage, not including noncash items like depreciation)
- All other received income, such as severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits (excluding supplemental security income), VA disability benefits (excluding non-service-connected pension benefits), unemployment benefits, disability and workers’ compensation benefits, interest from notes, gifts and prizes, spousal maintenance, and alimony
Net resources do not include:
- The return of principal or capital
- Accounts receivable
- Benefits from the TANF program or other federal public assistance programs
- Payments for a child in foster care
What Are Texas Child Support Guidelines?
According to Texas Family Code Section 154.125(b), if the paying parent’s monthly net resources are $7,500 or less, the court usually uses the following schedule to decide child support:
- One Child. 20% of monthly net income
- Two Children. 25% of monthly net income
- Three Children. 30% of monthly net income
- Four Children. 35% of monthly net income
- Five or More Children. Minimum of 40% of monthly net income
For example, if a parent who doesn’t have primary custody earns $5,000 a month and has two children, they must pay $1,250 in child support each month.
What Factors Can Influence Child Support Decisions in Houston, Texas?
The Houston court may look at extra factors when deciding child support payments, according to Texas Family Code Section 154.123. Some of these factors include:
- The child’s age and needs
- How well each parent can financially support the child
- Any money or resources available to support the child
- How much time each parent spends with the child and their access to the child
- Child care costs that either parent has to pay to keep their job
- If either parent has physical custody of another child
- The amount of alimony or spousal support either parent is paying or receiving
While the judge will consider the circumstances of the parents, the court’s main concern is protecting the best interests of the child.
Can a Child Support Order in Houston Modified?
In Texas, changing child support orders is taken very seriously. Life changes and the law allows either parent to ask for a change in their child support arrangement. According to Texas Family Code Chapter 156.401, a court can change a child support order if there have been big changes in the child’s situation or the person affected by the order since it was first made.
Also, a request for a change can be made if it has been three years since the order was set or last changed, and the monthly child support amount is either 20 percent or $100 more or less than what would be given by current guidelines. To ask for a change, the person must file a petition explaining the major changes in circumstances.
These changes might include a large increase or decrease in income, new living arrangements for the child, or new medical needs of the child.
Why Do I Need a Houston Texas Child Support Lawyer?
Facing a child custody and support case can be overwhelming and confusing. Having a Houston Texas child support lawyer by your side offers many benefits that can make the process smoother and more manageable. Here are several reasons why having a child support lawyer is crucial:
- Legal Guidance. A lawyer understands Texas family laws and ensures you know your rights and responsibilities, helping you avoid mistakes that could hurt your case.
- Objective Advice. Emotions often run high in custody and support cases. A Houston Texas child support lawyer provides an objective viewpoint, helping you make clear-headed decisions that focus on your child’s best interests.
- Proper Documentation. Legal proceedings require a lot of paperwork. A child support attorney ensures all forms are correctly filled out and submitted on time, preventing delays or rejections.
- Negotiation Skills. Reaching an agreement on custody and support can be challenging. A lawyer has the skills to negotiate fair terms, reducing conflict and fostering cooperation between parents.
- Representation in Court. If your case goes to court, a child support lawyer in Houston, Texas represents you, presenting your case effectively and advocating for your interests.
- Fair Child Support Calculation. Child support calculations can be complex. A Houston child support attorney ensures that all income and expenses are considered, resulting in a fair support amount that meets your child’s needs.
- Enforcement and Modifications. Sometimes, agreements need to be enforced or modified due to changes in circumstances. A lawyer assists with these processes, ensuring compliance and addressing any necessary adjustments.
- Stress Reduction. Handling a custody and support case alone can be stressful. A Houston Texas child support lawyer takes on the legal burden, allowing you to focus on your child and emotional well-being.
- Peace of Mind. Knowing a legal professional is handling your case provides peace of mind, giving you confidence that your child’s future is being protected.
Trusted Legal Solutions for Your Houston Child Custody and Support Needs
Choosing the right lawyer for your child custody and support case is crucial. Renee Kennedy Attorney at Law in Houston, Texas, offers exceptional legal services tailored to meet your family’s needs. With extensive experience in family law, Renee Kennedy delivers reliable and effective solutions.
Her deep understanding of Texas family law ensures your case is handled with the utmost professionalism and care. You can trust her dedication to achieving the best possible outcome for you and your child. Renee Kennedy Attorney at Law stands out for its commitment to excellence and client satisfaction.
Her proven track record in child custody and support cases speaks to her ability to secure favorable results. By choosing Renee Kennedy, you gain a steadfast advocate who will navigate the complexities of your case with competence and determination. Secure your future with a trusted Houston Texas child support lawyer.
Contact Renee Kennedy Attorney at Law today for a consultation and take the first step towards resolving your child custody and support issues. Her law firm can also represent you in personal injury cases.
