Child Custody FAQ

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Child custody is a legally challenging matter that involves a lot of moving parts. If you are going through a divorce that involves shared children, if you need a child custody modification, or if you have a child custody case outside of marriage and divorce, you have questions, and the answers to those asked most frequently by others in your situation can help you with your own.

The most important step that anyone facing a child custody case can take is seeking the skilled legal guidance of an experienced Round Rock child custody attorney early in the process.

How can I get sole custody?

Many parents have their hearts set on sole custody without really understanding how the State of Texas addresses this primary term of divorce. Texas breaks child custody down into parental responsibilities and parenting time. By seeking sole custody, most parents are hoping to seriously limit their ex’s parenting time, which generally is not likely.

Texas courts base child custody decisions on the best interests of the involved children, and prevailing wisdom finds that children’s emotional health and well-being is best supported when they spend a significant amount of time with both parents. As such, you and your ex are likely to both receive generous parenting time schedules.

However, one of you may become the primary custodial parent, which means spending the majority of your children’s overnights with them. Texas courts only seriously limit one parent's access to their children when there is a significant reason for doing so. Even then, however, it is rare for a parent to lose all parenting time.

What are parental responsibilities?

Parental responsibilities – or legal custody – determine how you and your ex will make decisions like the following regarding raising your children moving forward:

  • Their education

  • Their medical care

  • Their religious education

  • Their participation in extracurriculars

You and your ex may continue making these decisions together like you did as a married couple, but one of you may be assigned the right to break a tie if it becomes necessary to do so. Other options include dividing the decisions between you according to category, or one of you making these decisions on your own.

It should be noted that the more mundane decisions that must be made practically around the clock when it comes to parenting are the responsibility of the parent who has the children at the time. In emergency situations, the parent who is most readily available is called upon to make the necessary decisions.

How will the court determine my children’s best interests?

Texas courts take a holistic view when it comes to determining the best interests of children in child custody cases, and in the process, they consider best interest factors like the following:

  • The level of involvement each parent has had with raising the children to date

  • Each child’s needs, including any special needs

  • Each parent’s ability and commitment to effectively addressing the children’s needs

  • Each parent’s ability to provide the children with a stable homelife

  • Each parent’s level of commitment in relation to effective co-parenting and their commitment to supporting the other’s ongoing relationship with the children

  • The preferences of those children who are considered mature enough to participate in the process

  • How well the children are doing in terms of the status quo – or their current home, school, and community

  • The distance the parents live from one another

  • The support each parent has in relation to raising the children, such as extended family members who lend a hand

  • Whether domestic violence, child abuse, or child neglect is a concern

  • Any factors the court deems relevant to the child custody case at hand

Texas courts recognize how difficult divorce is on children, and as such, they tend to prefer shaking up their living situations as little as possible when they are already serving them well. The status quo is, therefore, taken into careful consideration.

This means that, if your children live primarily with one of you and they continue to thrive, that parent is more likely to be assigned the role of primary custodial parent while the other will receive a generous parenting time schedule.

Can we work out our own parenting time schedule?

Yes, if you and your divorcing spouse are able to hammer out a parenting time schedule that works for your family and that you’re both willing to sign off on, the court is almost certain to approve it.

The more complicated your family’s scheduling requirements, the better off you are working out a schedule between you that addresses your unique needs. If you need the court’s intervention on the matter, you can expect a standard parenting time schedule that may not align as well with everything your family has going on.

If we split parenting time evenly, can we skip child support?

No, splitting parenting time evenly doesn’t negate the need for child support. While the amount of time each parent spends with the children is an important factor in the child support calculation process, it is only one of many.

Ultimately, each parent is responsible for supporting their children financially in relation to their ability to do so, which means that the parent with higher earnings is likely to have the child support obligation – even when parenting time is shared equally.

Can parenting time be withheld in response to late child support?

No, you can’t deny your ex court-ordered parenting time simply because they are behind with their child support payments. Both parenting time and child support are designed to support your children’s best interests, and using one in response to the other only serves to harm your children in two separate ways.

Further, child support can’t be withheld in response to your ex denying court-ordered parenting time. If your children’s other parent is not holding up their end of the bargain in terms of either parenting time or child support, it’s time to address the matter with the court by first reaching out to a skilled child custody attorney.

What if my children don’t want to visit their other parent?

It’s not unusual for children to avoid endlessly going back and forth between each parent’s home – especially as they get older. If it’s simply a matter of your children’s lives being too busy to handle the constant flux, a child custody modification may be in order.

It’s important to keep in mind, however, that – even though it’s less of a hassle not to traipse back and forth between households – spending a considerable amount of time with each parent supports your children’s best interests in the long run and should be encouraged.

If there is a more serious problem that causes your children to avoid spending time with their other parent, it should be addressed head-on. And your trusted child custody attorney can help you with that.

At what age can children choose which parent to live with?

A child’s preference is only one factor that the court may consider when making child custody determinations. If the child is considered mature enough to voice their preference, which usually happens at about the age of 12, the judge will likely allow them to do so.

The primary point of child custody, however, is that children need adult guidance, and as such, their preferences generally aren’t the deciding factors in matters of this magnitude. In some cases, however, a child’s preference can directly affect the outcome of the child custody case.

Is it necessary to have a child custody attorney?

Yes, you should have the legal representation of a seasoned Round Rock child custody lawyer in your corner if you're facing a child custody case. Because your parental rights are on the line, there is a lot at stake, and having an attorney backing you up comes with all the following benefits:

  • Your attorney will help to ensure that you understand the legal process and how best to protect your rights.

  • Your attorney will gather the evidence necessary to build your strongest case, which may include the testimony of those who know your children well, school reports, doctor reports, and the expert testimony of professionals in fields such as child development.

  • Your attorney will help you skillfully negotiate child custody terms that honor your children’s best interests and that work well for you, including smoothly navigating the mediation process – as applicable.

  • If your case goes to court, your attorney will be well prepared to fiercely advocate for your parental rights in pursuit of an optimal outcome.

When can a child custody modification be sought?

If you and your children’s other parent are both in agreement regarding the need for a child custody modification, the court is almost certain to grant it. If you’re not in agreement, however, you’ll generally need to wait at least a year from the date your custody orders were issued or were last modified before seeking a new modification.

Modifications are generally based on a substantial change in circumstances, such as any of the following:

  • If the children’s schedules have changed substantially, such as if they have part-time jobs of their own, are busy with extracurriculars, or can drive themselves – and can, therefore, see their other parent more regularly as a matter of course

  • If the children are now spending most of their overnights with the parent who wasn’t originally identified as the primary custodial parent.

  • If a child who is at least 12 years old requests a modification.

  • If either parent’s work schedule has changed dramatically, and it no longer supports the parenting time schedule that’s in place.

Texas courts recognize that, as children mature, their needs change and that parents’ lives also evolve. In response, the courts are open to modifications when the degree of change addressed is considered significant.

What happens at mediation?

Many parents resolve their child custody terms through mediation, which involves a professional mediator who serves in the role of a neutral third party and facilitates a conversation between you and your divorce attorney and your ex and theirs.

The mediator will go back and forth between you while encouraging compromise that helps to bridge the gap dividing you on the matter of child custody. Beginning with a small compromise can build upon itself until you reach a middle ground that you can both agree to.

What rights does the primary custodial parent have?

When one parent is assigned the role of primary custodial parent, it means that they spend the majority of their children’s overnights with them. The primary custodial parent also has the right to choose the children’s primary residence within the court’s geographic restrictions.

To move out of state or a significant distance away, the primary custodial parent must seek the court’s approval, which will only be granted if they can demonstrate that the move supports the children’s best interests.

What are temporary child custody orders?

When you file for divorce, either spouse can request temporary orders that include child custody terms. These will guide how you and your divorcing spouse divide your parenting time while your divorce is pending.

While these terms won’t necessarily be reflected in your final child custody orders, they do represent the status quo, and if they are working well, they will likely directly affect the terms you walk away with.

It's Time to Consult with an Experienced Round Rock Child Custody Attorney

Brett Pritchard at The Law Office of Brett H. Pritchard is a practiced Round Rock child custody attorney who has the legal skill, insight, and focus to help you obtain favorable child custody terms that support your parental rights and your close and ongoing relationship with your children.

Our savvy legal team is here to help, so please don’t put off contacting or calling us at 254-781-4222 to schedule a FREE consultation and learn more about what we can do for you today.

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