Custody

A custody schedule should be what is in the best interest of the child(ren). Texas has Òstandard guidelinesÓ for custody, yet parenting time may vary from case to case

What does child custody or conservatorship involve?

Custody involves the parent's decision-making rights as well as the time the child spends living with you.

I'm the father - doesn't the mother always get custody of the child?

No, the court will always consider the best interest of the child in determining custody. Generally, courts do not consider the gender of the parent and/or the child when making that decision.

Can the child tell the court which parent he/she wants to be with?

The Court may interview a child 12 years or older to understand the child's wishes. However, the court will follow the "best interest of the child" standard to make its decision, and not necessarily the wishes of the child.

What's sole vs. joint conservatorship?

Sole conservatorship means only one parent has custody and decision making rights for the child. Joint conservatorship means both have rights, but it wouldn't necessarily be equal; one may have more time and/or rights than the other. In Texas, the court generally orders both parents as joint managing conservators.

Clients encounter several issues regarding custody such as:

  • I have my son for a whole month in the summer - do I need to pay child support that month?
  • My ex won't let me have my visitation - can I stop my child support payments?
  • My ex isn't paying his/her child support. Can I refuse visitation?
  • When can I refuse visitation or custody?

For more information on custody in Texas please contact Setzer Law Firm PLLC at (817) 907-3355 for an appointment.