If you’re in the process of splitting up with your child’s other parent, you probably have a lot of questions about child custody law in Lubbock, TX. Getting a fair custody determination is one of the top worries most parents have, and often prevents them from leaving the other parent in the first place. The best thing you can do is talk to an experienced custody attorney about your individual case—but in the meantime, here are the answers to some common custody questions.
What kind of custody do I want?
Texas divides custody into “physical possession and access” (also known as physical custody) and “conservatorship” (legal custody). Physical custody is when your child lives with you, either all or part of the time. Legal custody is your right as a parent to make medical, educational, religious and other decisions on your child’s behalf. Frequently, parents will share both types of custody unless there’s a compelling reason not to do so.
How is custody decided?
A judge will consider a number of different factors, but the most important is whether custody is in the best interests of the child. They may consider the stability of the home, who is the primary caregiver, the plans for the child, the child’s own desires, location, income, whether either parent has a criminal record and other important information.
Will I receive child support?
Raising a child is expensive, and both parents have a responsibility to financially contribute. Typically, the parent who physically has the child for the majority of the time will receive child support, since they’re bearing responsibility for the majority of the expenses.
Can my child choose who to live with?
A child’s decision will never be the sole factor in determining custody. However, once they are 12 years of age or older, the judge will take their preferences into account when deciding who they should live with.
Can I refuse visitation?
Even if your ex-partner refuses to pay child support, you may not refuse them visitation on that basis. If your ex is indeed refusing to pay, talk to your attorney. They can help ensure that you either get paid or that the non-paying parent sees consequences for flouting a court order.
How is custody modified?
Custody can be modified by motion. It must be in the best interests of the child, and will be allowed if either both parents agree, the child is over 12 and wants to change their primary parent or there has been a massive change in circumstances (job loss, absent parent, financial issues, a need to move and more). Your attorney can help you file a motion to amend your court order.
If you’re going through a divorce and have child custody questions in Lubbock, TX, get in touch with The Law Office of Rob Biggers today. We can answer your questions and help you understand how your individual circumstances affect your case and what’s likely to happen. We look forward to working with you soon.
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Categorised in: Divorce