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Child custody proceedings in Texas can be intricate, leaving many parents unsure about their rights and responsibilities under the law. Whether you’re currently involved in or anticipating a child custody case within the Texas family court system, it’s vital to gain a clear understanding of the legal framework. This article serves as an essential resource, offering valuable insights into key aspects of Texas child custody proceedings, including important provisions found in Texas Family Code 151.001.
Parents Rights
The outcome of every custody decision could impact your children’s welfare and future happiness, and there are many legal concepts and proceedings to learn about. A good starting point is a discussion regarding parental rights. Many of the parents I meet with have a mistaken belief that one of the parents has special requests when there is no court order.
Recently, I had to explain to a mother who wanted to change her child’s name that we would need to involve the father. The mother did not like hearing this and tried to tell me that it was unnecessary because “his name is not on the birth certificate.”
I had to inform the mother that we would still need to involve the father, even though his name was not on the birth certificate, because he still held rights.
Texas Family Code 151.001: Both Parents Have Rights and Obligations
Section 151.001 of the Texas Family Code plays a pivotal role in shaping the legal responsibilities of parents within the state. This provision legally obligates parents to fulfill a range of essential duties to ensure the well-being of their children. These duties encompass not only the basics of providing food, shelter, clothing, and medical care but also extend to the crucial aspect of education.
In essence, this statute underscores the fundamental principle that parents must ensure their children receive a proper and nurturing upbringing. This includes not only addressing their immediate physical needs but also fostering their intellectual and emotional development through access to education. It emphasizes the importance of taking into account both material and non-material aspects of a child’s growth, promoting a holistic approach to parenting. Section 151.001 serves as a cornerstone for family law in Texas, reinforcing the state’s commitment to the welfare and development of its young residents.
How Long Will I Have to Pay Child Support?
Under most circumstances, a parent’s obligation to support their child in Texas ends when the child turns eighteen or has graduated from high school, whichever comes later.
The family code also provides that if child support continues beyond age 18, the child must be going to high school full-time.
Adult Disabled Child
If you have a disabled child, the court may order you to continue providing support well beyond their 18th birthday.
Best Interest of the Child
As a parent, deciding what is in the best interests of your children will be among the most important decisions you will ever make. Some of those decisions will come quickly, but many others will be challenging for both parties. Of course, every child custody case contains a vital emotional component, whether it involves decisions for one child or several children. Contested custody increases the stresses, delays, and costs of court proceedings exponentially.
One of the best ways to prepare for your case is to learn everything you can about Texas child custody laws and proceedings. With this goal in mind, this article and those that follow will help to demystify the custody process and help you build a solid foundation for legal decision-making.
Before getting started, note that the term “child custody” is not used in Texas law. In its place is conservatorship. It is not uncommon to hear even attorneys use the term child custody because of its everyday use and recognition in society.
Final Thoughts
Child custody proceedings in Texas can be a challenging and emotional journey for parents. Understanding the key elements, such as the types of custody, the best interests of the child standard, and the legal processes involved, is essential. Texas Family Code 151.001 plays a pivotal role in outlining these aspects, providing clarity for parents facing custody decisions. With the help of an experienced attorney and a solid understanding of your rights and responsibilities, you can approach custody proceedings with confidence. Ultimately, the goal is to ensure your child’s well-being and stability throughout the process.
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Other Articles you may be interested in:
- What to Do When a Child Refuses Custodial Visitation in Texas
- Expert tips from Texas child custody lawyers
- Debunking Myths About Family Law Custody Lawyers in Texas
- How Do I Change My Child’s Last Name and Add My Name to the Birth Certificate in Texas?
- How Do I Get my name or my soon-to-be Ex-Spouse’s Name off the Mortgage in a Texas Divorce?
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- 8 Tips for Reducing the Cost of a Divorce in Texas
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- Child Custody Basics in Texas
- 6 Mistakes that Can Destroy Your Texas Divorce Case
Law Office of Bryan Fagan, PLLC | Houston, Texas Child Custody Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child custody, it’s essential to speak with one of our Spring, TX Child Custody Lawyers right away to protect your rights.
Our child custody lawyers in spring, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
