Parents that are currently facing divorce, or going through a divorce, may have heard a lot of “rumors” online from other parents about child custody in Texas. And when you’re navigating uncharted legal territory, it can seem impossible to sift through what’s fact and what’s fiction.
To separate the facts from these rumors, our team of child custody lawyers at C.E. Borman & Associates in Bryan, Texas is debunking 10 myths about child custody in Texas in this blog.
As a Brazos County family law firm dedicated to guiding families through challenging times, our goal is to share the actual truth when it comes to child custody in Texas with you so you can walk into your custody hearings feeling empowered and confident.
Child custody in Texas: 10 myths debunked
Read on as our Texas family law firm debunks 10 of the most popular myths we found online related to child custody in the Lone Star State.
#1: A mother always gets full custody in Texas
Ten years or more ago a court would tend to side with the mother and it was easier to give the mother full custody. However, nowadays this is just not true. Fathers can sometimes get almost split custody or even full custody in some cases, if the court deems that it’s in the best interest of the child. It really depends on the situation and how each parent would like to move forward with custody and co-parenting.
#2: A parent who was having an affair or was continually unfaithful during a marriage can affect that parent’s custody agreement.
A parent’s sexual relationships outside the marriage do not affect what the court decides with parental custody. However, if the parent is involved in dangerous sexual activities this may affect a court’s decision.
#3: The custodial parent can move away at anytime
This is not true. Unless one parent has given up all rights, the custodial parent can not just move away to another town, state, and especially another country. A child custody agreement will lay out what should happen or how moving should be agreed upon.
#4 A child can choose which parent they would like to live with
Any child that is under the age of 18 can not make a legal decision such as choosing to live with a specific parent. A child may express their feelings about living with a specific parent however, the court will decide what is best for that child.
#5 Joint child custody in Texas is always an equal split
Texas law does favor that both parents have active roles in their children’s lives. A divorced couple can create a custody agreement that almost mirrors split custody. However, for children, it can become difficult for children to consistently go back and forth. A court will decide which parent will have primary custody.
#6 The parent with custodial custody can make all the decisions
Even if one parent has custodial custody it does not mean that they are able to make all the decisions about the family. Parents can have what is called joint conservatorship meaning that both parents have equal say in their child’s education, health care, and other important issues. This is where having a healthy co-parenting relationship becomes extremely important.
#7 The custodial parent can deny visitation
No, this is not true. Just because the other parent might do something to upset the other parent, such as late child support, the custodial parent can not withhold court-ordered visitation. Things such as child support are not linked to visitation.
#8 If you make the other parent look bad you will get full custody
Unfortunately, even though you might be going through a difficult divorce with your ex, making the other person look bad can actually make you look worse in the eyes of the court. Instead, focus on why you might be the more responsible parent and why you may be in a better position to be the custodial parent.
#9 Substance abuse can automatically affect visitation
Although if substance abuse is proven to have placed the children in immediate danger, the court can order emergency supervised visitation. However, it doesn’t automatically affect visitation. A court would have to issue an injection prohibiting any spouse from using any substance. They might also issue rehabilitation with an injection before the parent has any visitation with the children.
#10 You can waive child support if both parties agree
This depends on the court. Child support is for the child, not the parent. Even if the custodial parent doesn’t need the money per se, the court may rule that the child does need monthly child support.
Contact the Texas Child Custody Lawyers at C.E. Borman & Associates Today
When establishing child custody arrangements, it’s important that you choose an attorney with ample experience in family law in Texas who can help guide you through the process and point you to other helpful resources you may need.
If you have questions related to child custody or other family law matters, like child support, divorce, and divorce property division, our team is here for you.
Confidential consultations are available – contact us today.
