“The best interest of the child” is a legal principle that is often used in family law and child custody cases. It refers to the idea that the needs and well-being of the child should be the primary consideration when making decisions that affect them. The best interest of the child is generally determined by considering a range of factors, such as the child’s age, health, emotional and developmental needs, educational needs, relationships with each parent, the stability of the proposed home, and any history of abuse or neglect. In Texas, children 12 and older have the right to voice their preference of which parent they wish to live with.
Factors the Court doesn’t Care About
In the past, it was common for courts to favor the mothers in custody cases. Texas voters approved the Equal Rights Amendment to the Texas Constitution in 1972, and as a result the following are no longer considered when evaluating custody cases: Infidelity, Marital Status, Gender, Racial Status, and Religion.
In Texas, courts divide child custody into two categories: Conservatorship and Possession & Access.
Conservatorship is essentially the rights and responsibilities of a parent to make decisions for the child regarding their education, medical, dental, and psychiatric needs.
Two Types of Conservatorships in Texas:
Possessory Conservatorship (Possession & Access) is the individual who has a right to the possession of the child under specific conditions and can exercise certain rights of a parent during their periods of possession.
Joint managing conservatorship (JMC) occurs when the rights and duties of a parent are shared by both parties. Such a joint managing conservator custodial relationship may be allowed by the Court if it is in the best interest of the child. The Court will look to the following to determine whether a JMC relationship is appropriate:
The sole managing conservator is the parent or guardian who has been granted sole legal and physical custody of the child. This means the sole managing conservator has the authority to make decisions for the child without consent from the other parent or guardian. The non-custodial parent may still have visitation rights, but they do not have the same decision making authority. For the parent named sole managing conservator, they will have the following rights:
In most custody cases, a parent, whether sole, joint, or possessory conservator, always has the following rights and responsibilities:
In Texas, child support is calculated based on a set of guidelines that consider the income of the parents, the number of children, and the amount of time each parent spends with the children. The guidelines are intended to ensure that children receive a fair and consistent level of financial support, regardless of the parents’ income.
Child support is paid until the child turns 18 or graduates high school, whichever is longer. If the child has disabilities, child support may be extended and/or increased by the court to better accommodate their needs.
The Texas child support laws provide the following calculations.
A violation of a child support order will result in one of three child support enforcement options: Jail time, Fines, and Garnishment.
The non-custodial parent has the right to have the child for 30 days during their summer vacation.
Thanksgiving | Chirstmas | New Years |
---|---|---|
Parent has the child from the time school lets out for Thanksgiving break. | Parent has the child from the time school lets out until noon on December 28th | Parent has the child from December 28th at noon until 6PM on the day before school starts again. |
Thanksgiving | Chirstmas | New Years |
---|---|---|
Other Parent has the child from the time school lets out for Thanksgiving break. | Other Parent has the child from the time school lets out until noon on December 28th | Other Parent has the child from December 28th at noon until 6PM on the day before school starts again. |
In Texas, child support is calculated based on a set of guidelines that consider the income of the parents, the number of children, and the amount of time each parent spends with the children. The guidelines are intended to ensure that children receive a fair and consistent level of financial support, regardless of the parents’ income.
Click Child Support Guidelines to see more about child support guidelines in Texas.
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