Prosper Child Custody & Support Lawyers
The child-related issues involved in Texas divorce and separation include both child custody and child support.
Child custody in Texas family law refers to the legal rights and responsibilities that divorced, separated, or unmarried biological parents have towards their children. The primary goal of the courts in Texas is to ensure that the best interests of the child are met in custody proceedings. Multiple potential arrangements can be reached, and various factors are considered when determining child custody.
Child support is mandated by Texas law; it involves the legal obligation that requires “non-custodial” parents to provide financial assistance to the primary or “custodial” parent for the care and upbringing of their child(ren). The purpose of child support is to ensure that the child's basic needs, such as food, clothing, shelter, education, and healthcare, are met.
These child-related matters are extremely important and often divisive issues confronting parents. At Rudd Legal, we have helped hundreds of parents resolve these crucial issues through the Texas family courts. Whether through negotiation, mediation, or litigation, our firm gives your case the attention, preparation, and commitment you need and deserve. Our goal is to help you reach favorable outcomes that protect your parental rights while aligning with the court’s legal standard of the child’s best interests.
Book a confidential consultation with our Prosper child custody and support attorneys by connecting with us at (833) 372-0569.
Advocating for Your Child's Best Interests in Custody Matters
At Rudd Legal, we understand that child custody cases can be emotionally challenging and complex. Our experienced child custody lawyers in Prosper, TX are dedicated to advocating for the best interests of your child and helping you navigate the legal process with compassion and expertise.
When it comes to child custody, it's important to consider:
- The child's age, needs, and preferences
- The ability of each parent to provide a stable and nurturing environment
- The history of each parent's involvement in the child's life
- The willingness of each parent to cooperate and foster a positive co-parenting relationship
Our team will work closely with you to understand your unique situation and develop a personalized legal strategy to protect your child's well-being. We will guide you through negotiations, mediation, or litigation to achieve a custody arrangement that is in the best interest of your child.
Contact Rudd Legal today to schedule a consultation with our experienced family law attorneys and get the trusted legal advocacy your family deserves.
Overview of Texas Child Custody
Child custody involves two basic categories that can result in various arrangements between parents, although the courts favor agreements that allow children to have a continuing, frequent, and meaningful relationship with both parents. This agreement is seen as the most beneficial for children going forward after the stress of the breakup of the family unit.
Only in cases where a parent has a history of domestic violence, abuse, or neglect would courts deny a parent his or her right to access or legal authority over a child.
In Texas, custody includes:
- Conservatorship: This refers to the decision-making rights and duties of the parents. Parents can be designated as joint managing conservators (both parents share decision-making rights), or one parent can be the sole managing conservator (only one parent has decision-making rights).
- Possession and Access: This refers to the physical custody and visitation schedule for the child. Possession and access can be divided in various ways, such as standard possession orders (SPO), expanded standard possession orders (ESPO), or customized possession schedules based on the specific needs of the child and the parents.
Standard Possession Orders
Standard Possession Orders outline the specific times and conditions under which the non-custodial parent can have possession of and access to their child. The SPO is designed to provide a basic framework for possession and access that is considered fair and reasonable for both parents. It generally provides details as to how weekends, holidays, summer vacations, and other specific events will be arranged. It is intended as a starting point.
Parents can agree on different possession schedules or request the court to modify the SPO as long as it remains in the child’s best interests. Additionally, ESPOs can be made that allow the non-custodial parent to have more extended periods of possession, such as picking up the child when school is dismissed on Fridays and returning the child to school on Mondays.
Overview of Texas Child Support
In Texas, child support is calculated using specific guidelines established by the state. The guidelines consider the non-custodial parent's income and the number of children being supported. The parent’s net resources are used to determine child support obligations.
The general rule for such net-resources support is as follows:
- 20% for one child
- 25% for two children
- 30% for three children
- 35% for four children
- 40% for five children
- Not less than 40% for six or more children
It's important to note that these percentages are guidelines, and the court has the discretion to deviate from them if it's deemed to be in the best interest of the child. Factors that may influence the court's decision can include the child’s age and needs, each parent’s financial resources and earning capacity, the amount of time each parent spends with the child, any special needs or expenses that the child may have, and other factors brought to the attention of the court.
Child support payments are typically paid through the Texas State Disbursement Unit (SDU) and can be enforced by the Office of the Attorney General's Child Support Division if non-custodial parents fail to meet their obligations.
In Texas, child support usually continues until the child turns 18 or graduates from high school, whichever occurs later. However, if the child has a disability that prevents them from becoming self-supporting, child support may continue indefinitely.
Consult with Our Experienced Family Law Attorneys
The legal process for determining child custody as well as child support can be complex. To ensure that your case is resolved in a fair and just manner and that your parental rights and interests are protected while ensuring your child’s best interests, we strongly encourage you to turn to Rudd Legal.
Take advantage of our attention to detail, strong legal skills, and invaluable experience that can only be gained through a practice devoted exclusively to Texas family law.
Five-Star Client Testimonials
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