Child Custody / Child Support Issues in Dallas

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The attorneys at the Family Law Offices of “insert attorney name” in Dallas will arrive at an agreement that will bring stability and structure back to your children. Call us as soon as possible for an appointment so we can get started making yours and your children’s future a bright one again.

Dallas Child Custody and Child Support Overview

Child custody is not about who is the better parent.
It’s all about the best interests of your child.
A child should have a great relationship with both parents.
Under Texas Family Code, Custody is known as “Conservatorship”.
- States the duties and rights of each parent for their children.
- Explains the decisions and responsibilities of each parent.

Dallas Child Custody

In Dallas, parents serve as Joint Managing Conservators.
Conservatorship is also known as custody of the children.
Texas legislature has determined that parenting plans:
- Assist in promoting the interest of the children involved.

Establishes the parents’ rights and duties.
Minimizes conflicts in post-divorce parenting – procedures for resolution of disputes.
Court can appoint an impartial 3rd party (parenting coordinator) to assist parents.

Joint Managing Conservators
- Both parents will share rights and duties.
- Child will live with this parent most of the time.
- Decisions are made by one parent:
  - Medical care
  - Education
  - Religion

Sole Managing Conservator
- Will make decisions that the other parent will not.
- The other parent is known as the Possessory Conservator.
Access to the Child
- Same as visitation
- Can visit, communicate, etc.
- Cannot take child away from the managing conservator

Possession of the Child
- May exercise rights of possession and control at time of possession.

Determining Child Custody in Dallas

A child can request to live with one parent if over 10 years old.
The child must sign an affidavit asking to live with one of the parents.
The court will consider the child’s request by:
- The maturity of the child
- Was the decision made with the influence of the parent?
Texas recognizes the rights of grandparents.
Grandparents can be awarded custody and/or visitation rights
Factors used by the court to determine custody include:
- Desires of the child is important
- The abilities of the parent as a caregiver
- The emotional and physical needs of the child
- The stability and home environment
- Time to spend with child
- Financial support
- School activities

Relocation or Move Away Orders

The court considers:
- Motives of the parent
- Distance of the move
- Relationship between child and remaining parent
Other factors involved in a move:
- Parenting time
- Travel arrangement
- Telephone conversations
- Texas statute allows for long-distance electronic visitation

Standard Possession Order (Visitation Rights)

The Texas Family Code encourages frequent contact between the child and each parent.
The Standard Possession Order provides for periods of possession that optimize a close and continuing relationship between the child and each parent.
Regarding visitation rights, it:
- Divides holidays equally between each parent.
- The parent who has visitation rights will receive at least 2 weekends a month, 2 hours during the week, and 30 days during summer vacation.
- If the parents live more than 100 miles from each other:
  - Holidays remain the same.
  - Summer visits will be for 42 days instead of 30 days.
  - Will follow the 1st, 3rd, 5th weekend schedule or 1 weekend a month (with 14 days notice).

Dallas Child Support

It is the duty of each parent to support their minor children.

The Texas Family Code uses guidelines to determine the amount of child support to be paid.
The Texas Family Code also takes into consideration:
- Children from another relationship
- Needs of the children
- The ability to pay child support
- Debts that need to be paid
- Distance traveled to visit child
- Cost of the travel

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
If you do not pay your child support and you are in arrears for more than 30 days:
The court will order a Wage Withholding Order from your employer - child support will be automatically deducted from your paycheck.
This is referred to as wage garnishment or child support withholding.

Conclusion
The Family Law Offices of “insert attorney name” in Dallas was established to help families in times of crisis. We know you want to care for your children and provide them with a safe and secure future. We will help you do this.