| Child Custody, Visitation, and Support--Frequently Asked Questions |
How does the court determine which parent should have primary custody of the child(ren)?
Texas law presumes that the joint custody of the child is in the best interest of the child. However, only one parent will
generally have the "right to determine the primary domicile of the child," which is really means that only one parent will have
"primary custody." The parent having primary custody will be entitled to receive child support from the noncustodial
parent.
The court will decide the issue of child custody based on the overall principle of the "best interests" of the child. To make
this determination, the court will consider a variety of factors, such as who has been the primary caretaker of the child,
what are the living arrangements, who has been putting the child to bed, taking the child to the doctor, making dinner,
supervising the child, and participating in the child's education. Also, the court looks at other factors, such as persons the
parent may allow the child to interact with (i.e. the parent's paramour or spouse), any evidence of bad parenting decisions
made by either or both parents, any patterns of family violence involving the child or the parent's household, work
schedules of the parents, earning capacity of the parents, overall stability of the parent's home, availability of extended
family support (e.g. grandparents), and so forth.
The court may also involve other professionals in its custody evaluation (usually at the expense of the parents), such as
psychologists, counselors, social workers, psychiatrists, or lawyers. The court may order a social study into the specific
circumstances of the parents' home environments, which would be performed by a social worker and/or mental health
professional. Additionally, a psychological evaluation of either or both parents may be ordered. An attorney may be
appointed to represent the interests of the child (i.e. attorney ad litem) to ensure that the child's wishes and interests are
adequately represented.
Depending on the individual beliefs of the judge, courts still sometimes tend to favor mothers for custody of younger
children (sometimes known as the "tender years" doctrine), but men are gaining ground in custody battles if they can show
they are would provide the best overall environment for the child.
Texas law provides that children 12 years of age or older can express a preference with the court as to which parent they
would like to live with, which the court will consider in making the custody decision. The judge may (and in some cases
must) interview the child expressing such a preference. However, the court still has the overall discretion regarding
custody, and may accept or reject the child's preference as it deems appropriate.
How is child support calculated in Texas?
Texas has established child support guidelines, which are presumed to be the appropriate level of support to be paid by
the noncustodial parent. Under the guidelines, child support is set based on the "net resources" of the noncustodial parent
(called the "obligor") and the number of children supported. The guideline amounts are as follows:
The term "net resources" includes all of the obligor's income (i.e. wages, salary, commissions, tips, bonuses, self-
employment income, rental income, interest, capital gains, pensions, retirement income, social security, unemployment
compensation, etc.), from which the court must deduct the following:
In some cases, the court may deviate from the presumed guideline amount based on specific circumstances, such as special
needs of the child(ren), or any number of special or unusual circumstances.
Texas law presumes that the joint custody of the child is in the best interest of the child. However, only one parent will
generally have the "right to determine the primary domicile of the child," which is really means that only one parent will have
"primary custody." The parent having primary custody will be entitled to receive child support from the noncustodial
parent.
The court will decide the issue of child custody based on the overall principle of the "best interests" of the child. To make
this determination, the court will consider a variety of factors, such as who has been the primary caretaker of the child,
what are the living arrangements, who has been putting the child to bed, taking the child to the doctor, making dinner,
supervising the child, and participating in the child's education. Also, the court looks at other factors, such as persons the
parent may allow the child to interact with (i.e. the parent's paramour or spouse), any evidence of bad parenting decisions
made by either or both parents, any patterns of family violence involving the child or the parent's household, work
schedules of the parents, earning capacity of the parents, overall stability of the parent's home, availability of extended
family support (e.g. grandparents), and so forth.
The court may also involve other professionals in its custody evaluation (usually at the expense of the parents), such as
psychologists, counselors, social workers, psychiatrists, or lawyers. The court may order a social study into the specific
circumstances of the parents' home environments, which would be performed by a social worker and/or mental health
professional. Additionally, a psychological evaluation of either or both parents may be ordered. An attorney may be
appointed to represent the interests of the child (i.e. attorney ad litem) to ensure that the child's wishes and interests are
adequately represented.
Depending on the individual beliefs of the judge, courts still sometimes tend to favor mothers for custody of younger
children (sometimes known as the "tender years" doctrine), but men are gaining ground in custody battles if they can show
they are would provide the best overall environment for the child.
Texas law provides that children 12 years of age or older can express a preference with the court as to which parent they
would like to live with, which the court will consider in making the custody decision. The judge may (and in some cases
must) interview the child expressing such a preference. However, the court still has the overall discretion regarding
custody, and may accept or reject the child's preference as it deems appropriate.
How is child support calculated in Texas?
Texas has established child support guidelines, which are presumed to be the appropriate level of support to be paid by
the noncustodial parent. Under the guidelines, child support is set based on the "net resources" of the noncustodial parent
(called the "obligor") and the number of children supported. The guideline amounts are as follows:
The term "net resources" includes all of the obligor's income (i.e. wages, salary, commissions, tips, bonuses, self-
employment income, rental income, interest, capital gains, pensions, retirement income, social security, unemployment
compensation, etc.), from which the court must deduct the following:
- Social security taxes;
- Federal income tax based on the tax rate for a single person claiming one personal exemption and the standard
deduction;
- State income tax;
- Union dues; and
- Expenses for health insurance coverage for the obligor's child(ren).
In some cases, the court may deviate from the presumed guideline amount based on specific circumstances, such as special
needs of the child(ren), or any number of special or unusual circumstances.
Copyright © 2008 by Marc A. Pederson. All rights reserved. You may reproduce materials available at this site for your own
personal use and for non-commercial distribution. All copies must include this copyright statement.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice
regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting
Pederson Law Office does not create an attorney-client relationship. Please do not send any confidential or time sensitive
information to us until such time as an attorney-client relationship has been established.
personal use and for non-commercial distribution. All copies must include this copyright statement.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice
regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting
Pederson Law Office does not create an attorney-client relationship. Please do not send any confidential or time sensitive
information to us until such time as an attorney-client relationship has been established.
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| Marc A. Pederson Attorney and Counselor at Law |
| The Naylor House 1919 San Pedro Avenue San Antonio, Texas 78212 (210) 735-9911 mail@pedersonlaw.com |
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