Many parents have misconceptions about what their rights are and what the law requires of parents. This short article is essential reading for every parent who will participate in, or already has pending, a child custody case in a Texas family court.
The outcome of every custody decision could have an impact on 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 superior rights when there is no court order in place.
Recently, I had to explain to a mother who wanted to change the 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 not necessary because “his name is not on the birth certificate.”
I had to let the mother know we would still need to get the father involved even though his name was not on the birth certificate because he still had rights.
Both Parents Have Rights and Obligations
Section 151.001 of the Texas Family Code holds that it is the duty of the parents to support their children by providing them with food, shelter, clothing, medical care, and an education.
How Long Will I Have to Pay Child Support?
Under most circumstances, a parent’s obligation to provide support for 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 on a full-time basis.
Adult Disabled Child
If you have a child that is disabled, it is possible support may be ordered well beyond age 18.
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 easily, but many others will be challenging for both parties. Of course, there is a strong emotional component in every child custody case, whether decisions are made for one child or several children. When custody is contested, the stresses, delays, and costs associated with court proceedings can increase 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 in Texas law, the term “child custody” is not used. In its place is conservatorship. Having said that, it is not uncommon to hear even attorneys use the term child custody because of its common use and recognition in society.
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Other Articles you may be interested in:
- Can I Add My Dad's Name to My Birth Certificate If He is Dead?
- Establishing paternity upon the birth of a child in Texas
- Adding a Deceased Father to a Child's Birth Certificate
- 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 of the Mortgage in a Texas Divorce?
- How do I change my child's name in Texas?
- How can I change my name in Texas when I am getting Married or Divorced?
- 8 Tips for Reducing the Cost of a Divorce in Texas
- Low cost and affordable divorces, attorneys, websites and divorce Costs in Texas
- 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 important to speak with one of our Spring, TX Child CustodyLawyers right away to protect your rights.
Our child custody lawyersin Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.