CHILD CUSTODY AND SUPPORT

Many parents have firm opinions about raising their children. If you and your ex-spouse do not see eye to eye, child custody may be a contentious issue when you divorce. At C.E. Borman & Associates, our attorneys can answer your questions and help you resolve custody and support disputes.

During divorce proceedings, courts consider many factors when deciding on child custody. The main factor, however, is what is in the “best interest of the child.” The judge will listen to the parents’ and child’s desires (when the child is older than 12). Judges also weigh other factors.

Other factors that help determine child custody include the following:

• Your child’s physical and emotional needs
• Each parent’s ability to meet the child’s needs
• How to best maintain the child’s stability (staying in the home, attending the same school, etc.)
• Each parent’s willingness to support the child’s relationship with the other parent
• The child’s relationships with brothers or sisters and other family members

When parents divorce, deciding where the child or children will live is one of the toughest issues and can often lead to custody battles.

“Custody” is called “conservatorship” in Texas. There are two types of conservatorships ─ sole conservatorship, where one parent has all the child care rights and duties and joint conservatorship, where both parents share in child care rights and duties.

In a joint conservatorship, courts usually give only one parent the right to decide where the child lives. Alternatively, the court can designate the county in which the child will reside. Even though one parent is usually named the primary custodian, children can often spend as much as 45 percent of their time with the other parent (the non-custodial parent). Time spent with children can include vacations, holidays, weekends, overnights and hours after school.

We discuss your wishes about determining your child’s primary residence, decision-making about your child’s education, healthcare, health insurance, religious upbringing and so on. Our lawyers can help you draft a proposed parenting plan then work to help you achieve your goals in court or out.

Texas law requires non-custodial parents to pay child support and has guidelines for calculating payments. A simple explanation of how to calculate child support is:  parent’s net income multiplied by a percentage. The percentage is based on the number of children being supported. For example, the percentage for supporting one child is 20%, for two children 25%, for three children 30% and so on. Net income is your gross income minus federal income taxes, Social Security taxes, union dues and health insurance premiums you pay for your child.

Calculating child support sounds simple enough, but to avoid problems, you’re better off having a lawyer help you with it.

Whether you need an attorney to help you fight to gain child custody or iron out problems involved with child support, at C.E. Borman & Associates, we are honest, straightforward and committed to protecting your legal rights.