Child Custody / Child Support Issues in Austin

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The attorneys at the Family Law Offices of “insert attorney name” in Austin do not take chances with your future or that of your children’s. If you are seeking support for your children, call us immediately for an appointment.

Austin Child Support and Child Custody Overview

Texas law does not choose the mother over the father.
It is not about who is the better parent.
The best interests of your child are what counts.
A child should have a good relationship with both parents.
Under Texas Family Code, Custody is known as “Conservatorship”.
The Travis County Courthouse in Austin is located at:
- 1000 Guadalupe Street, Austin Texas

Child Custody

Texas Family Code governs custody or conservatorship in Austin.
In Austin, Joint Managing Conservators are in the best interests of the children.
The Family Code details the rights and duties of the parents to their children.
A non-custodial parent who has visitation rights is also known as a possessory conservator.
Child Custody distinguishes between rights of conservatorship and possession.

Managing Conservatorship
- Can be awarded as Joint, Independent or Sole
- Both parents can agree on the conservatorship or the court will order an arrangement
- The parents share the duties, rights and privileges of their children.
- One parent is given the right to make major decisions regarding:
  - Education
  - Health
  - Religion
  - Etc.
- One parent will have primary physical custody – parents can decide which parent

Sole Managing Conservator
- One parent can be the Sole Managing Conservator if he or she shows good cause.
- Rights in addition to the rights of a Joint Managing Conservator.
- The other parent becomes the Possessory Conservator.
  - May have limited decision-making rights.
  - Has visitation rights
  - The child does not live with this parent

Possesion Of Child
- Physical possession of the child

How is Custody Determined in Austin?

The court takes into consideration:
- Who has been the primary caregiver?
- The ages of the children
- If the child is over 12, the court will ask who he or she would like to live with
- Can the parent give enough time to children – work schedule?
- Is abuse involved?
Texas recognizes the rights of grandparents.
Grandparents can be awarded custody and/or visitation rights

Standard Possession Order (Visitation)

In Texas Visitation is actually court-ordered possession and access to the child for and by both parents.

The Texas Family Code encourages frequent contact between the child and each parent.

The Standard Possession Order optimizes a close and continuing relationship between the child and each parent.

It suggests that all the children are together with the parent during periods of possession.

Possession/Visitation Rights:
Holidays are equally split
Given at least 2 weekends a month
2 hours during the week
30 days during summer vacation.
If the parents live more than 100 miles from each other:
Holidays remain the same
Summer visits will be extended

Child Support in Austin

It is the responsibility of each parent to support their minor children.
The court can order both parents to pay child support.
The court takes into consideration:
- Each parent’s income
- Assets
- Overall financial situation
Texas Family Code Child Support laws state that child support is to be paid until the child:
- Reaches 18
- Graduates from high school
- Gets married
- Becomes legally emancipated
- If disabled – could remain for an indefinite time
- Death
If both parents agree on an amount, the court first has to approve it.
Texas Family Code uses guidelines to determine the amount of child support to be paid.
Factors taken into consideration:
- Statutory Guidelines
- Ability of each parent to pay
- Number of children in the family
- Age of the children
- Resources
- Outstanding debts
- Other children – another relationship
- Special needs of the children
- Travel costs associated with visiting the child
Calculated by first deducting federal, state social security taxes, union dues (if applicable) and health insurance premiums.
- 1 child 20% of the net income
- 2 children 25% of the net income
- 3 children 30% of the net income
- 4 children 35% of the net income
- 5 children 40% of the net income
- 6+ children At least 40% of the net income; no less

There are serious consequences if you do not pay your child support:
You will be in contempt of court.
You can be ordered to jail until you pay.
If you have a professional business license, it can be suspended.
A lien can be placed on your property

Support or Visitation Modifications

If there is a substantial change in circumstances, you can file for a modification in custody or support.
Examples of change:
- The other parent becomes the primary caregiver
- Job loss
- Salary increase or decrease
- Etc.

Conclusion
The Family Law Offices of “insert attorney name” in Austin is dedicated to protecting the rights of parents and their children. We are honest and care for the well-being of you and your family. We can help you at this stressful time – we will fight for your rights!