- Texas now refers to custody and conservatorship.
- Managing Conservator is the primary parent who has the day to day responsibility for the child.
- Possessory Conservator is the non-custodial parent, pays child support and has visitation rights.
- Joint Managing Conservatorship is presumed to be in the bests interests of the child.
- This presumption of Joint Managing Conservatorship is rebuttable.
- The Primary Joint Managing Conservator has the right to determine the residence of the child.
- The Non-Primary Joint Managing Conservator pays the child support and has visitation rights.
- All of the issues pertaining to the minor children are dependent upon the facts of each case.
- The non-custodial parent must pay child support.
- The non-custodial parent must maintain health insurance on the child.
- The amount of child support is determined by the Texas Supreme Court Child Support Guidelines.
- Child support is based upon income, how many children of the marriage and other children you are responsible to pay.
- The Court has the power to go below or above the guidelines depending on the facts of each case.
- Failure to pay child support can be enforced by Contempt of Court
POSSESSION AND ACCESS
- The Supreme Court has set out what is know as the Standard Order of Possession.
- The non-custodial parent is given a lot of time with the child even though it’s spread out over time.
- The 1st, 3rd and 5th weekends of each month are standard but can be limited depending on the facts.
- Holidays are divided between the parents
- The non-custodial parent is given 30 days during the summer which can be divided into two parts.
- The non-custodial parent is given 42 days during the summer if the parties are more than 100 miles away.
- There are many variables that can affect and do affect the Standard Order of Possession
Only through a consultation can you obtain accurate advice for the particular facts of your case.