Child Support and Child Custody Lawyer
Child Custody Options
When a court passes a verdict on a child custody battle, the primary aim is to ensure the decision is in the “best interest” of the child. Based on dynamics such as parents’ behavioral history, financial stability, medical background and other such factors, the court may offer sole or joint custody.
Joint Custody in Texas
When Common law marriage couples wish to separate, they are required to go through the same legal proceedings as traditionally married couples. Either of the partners will have to prove the validity of the marriage, and to prevent the other partner exercise community separation rights, one of the spouses may try to prove the marriage did not existed. In such cases, the partner looking to exercise their rights will have to present evidence, such as a written agreement or witnesses who can verify the person’s statement that both the partners conducted themselves as married couple in public.
- The child lives with one parent, and the other parent may stay in touch while complying with the interaction guidelines prescribed by the court.
- Parents may even live with the child for an equal period.
- Both the parents get involved in deciding related to child upbringing such as medication, education, religion and more.
Note : The court may also designate one parent as a sole decision maker of the child if one parent violates the orders and make decisions which have direct impact on the life of the child without including the other parent
Sole Custody
- The child would live with one parent who has control over his all decisions such as education, medication, religion issues and more.
- It is a rare form of custody and comes in the role under special conditions such as child neglect and family violence.
- If the other parent is not capable enough to take the responsibility of the child, the other parent gets the custody.
How To Get Full Custody?
Although the court always favors joint custody, it has to make rational decisions if one parent is violent or has substance abuse problems or is unfit to care for the children or to decide. The custodial parent has all the rights to decide on behalf of the child starting from his education to his medical treatment. The other parent has no right to decide but can be allowed to visit the child under strict supervision.
How to Get Paternity?
If the mother gets the custody, father pays 20 percent of his income as child support and extra 5 percent in the case of other children. However, if the DNA tests show that the father is not a biological parent of the child, he is not liable for child support. The court passes a verdict only after the DNA test.
How to Get Off Custody on Child support?
The court can change its orders if it realizes that the change benefits the child. Some of the cases when court takes immediate actions to change its orders are:
- Loss of job of the custodial parent
- If the court doubts danger with the parent who has physical custody
- The child requests to live with the other parent
- Serious illness to the parent
Termination
The court can end the rights of the parent in cases
- Severe physical, psychological, emotional or sexual abuse of the child
- Failure in providing necessities or required care to the child
- Long-term medical illness of the parent
- Failure to comply with the court’s order
Texas Family Code Related Links
