Texas Child Custody

Child Support & Custody Overview

A guide to modifying, establishing, and enforcing child custody in Texas.

Child custody orders will be determined by a Texas family court in a variety of situations. When there is a disagreement between the parents, or when a parent is unfit to make such decisions, family courts will determine custody. Typically, the biological parents make all decisions when raising their child, such as: education, healthcare, religious upbringing, and residence.

When the parents divorce, the Texas family court that handles the divorce will also determine the arrangement for child custody. The divorce order names the parent with whom the child will live, how visitation will be handled, and who will provide financial support.

Establish Custody

Modifying Custody in Texas

Texas courts consider a custody award to be subject to change until the child comes of age, and in most states proof of a "change in circumstances" that allows a party to modify a child order. When there has been a material change in circumstances, or a certain amount of time has passed since the previous child custody order, a party can petition the court to modify the existing child order.

When a family court orders joint legal custody, and one of the parents excludes the other from the decision-making process, the parent can go back to court and ask the judge to enforce the custody order. A court has the power to settle a custody dispute if a child lives for at least six months in the location where the court has jurisdiction, such as Texas, or if it is demonstrated that the court has the closest connection with the child.

If you believe the circumstances between you and your child's other parent make it impossible to share joint legal custody, you can go to court and ask for sole legal custody.

Modify Custody in Texas

The Best Interests of the Child

When Texas courts need to make decisions about child custody and visitation, they consider what will be in the best interests of the child. All states use a “best interest of the child” standard in child custody disputes that puts much more weight on what’s good for the child, instead of what’s good for the parents.

The best interest of the child is determined by many factors. The court will look at the mental and physical health of all parties involved, including: criminal histories, drug or alcohol addiction, and CPS reports. The court will examine the wishes of the child, the situation of the parents, and the status of siblings, or other people who may have an impact on the child’s welfare.

The Difference between Joint and Sole Custody

Joint Custody

Joint custody grants the parents equal rights in making decisions regarding the child's upbringing. Parents who don't live together have joint custody when they share the decision-making responsibilities and physical custody of the child. Usually, if the married couple have the child while married, the parents will then be granted joint guardianship over the child with parental rights divided equally. Joint custody can exist if the parents are separated, divorced, or never even lived together.

Generally, the custodial parent shares joint legal custody with the noncustodial parent. This means that the custodial parent must inform and consult with the noncustodial parent about the child's education, healthcare, and other concerns. Joint physical custody works best if parents live relatively close to each other. This lessens the child’s stress and allows them to maintain a somewhat normal routine.

When parents share joint custody, they will work out a schedule according to their housing, work, and the needs of the child. If the parents cannot agree on a schedule, the court will order an arrangement.

Sole Custody

One parent can have either sole legal custody or sole physical custody of a child. Courts will generally order sole physical custody to one parent if the other parent is deemed unfit. A parent can be deemed unfit if there is a history of neglect, drug or alcohol abuse, or child abuse. It's best to only seek sole custody if the other parent causes direct harm to the children. Even in these cases, the court may still order the other parent to have supervised visitation.

If a court orders sole physical custody, the parties will often share joint legal custody, and the noncustodial parent is granted a fair visitation schedule. In this type of case, the parents would make joint decisions about the child's welfare, but one parent would be deemed the primary physical caretaker, while the other parent would have visitation rights determined by a schedule.

Temporary Custody

Temporary custody grants custody of the child to an individual during the divorce or separation court hearing. The non-custodial parent may receive supervision rights or in certain cases, supervised visitation rights.

Child Support Overview

A guide to establishing, modifying, and enforcing child support in Texas.

Child support is a court-ordered amount that a non-custodial parent must pay to cover a certain amount of a child’s expenses such as basic living expenses, clothing, shelter, food, education, and healthcare. Child support in Texas is different than other states as each is responsible for developing its own guidelines for determining child support. Child support is the financial support paid by parents to support a child or children of whom they do not have full custody.

Child support can be entered into voluntarily, by Texas court order or by Texas Attorney General. When the Texas court orders a parent to pay child support, the parent must pay directly to the child's custodian. In addition, where there is joint custody, in which the child has two custodial parents and no non-custodial parents, a custodial parent may be required to pay the other custodial parent. States generally do not impose an obligation to pay support for a child after that child has reached the age of 18.

Do you need a child support attorney?

The laws surrounding child support payments are complicated. Texas laws vary significantly with respect to calculating child support and how it is regulated. Since the facts of each case are unique, an experienced family attorney will be invaluable as you pursue your child support claim.

How to modify a child support order in Texas

Once a child support order or agreement is in place, the payment amount may be increased or decreased under certain circumstances. Either parent may request the court to modify the amount of support. Child support payments may be changed as needed at least until the child reaches of the age of 18. Child support can be modified in a variety of different ways, either by agreement with the other party, or by petitioning the court.

When both parties agree to modify the child support

Your first step should be to see whether you and the other parent can reach agreement to modify the child support terms. Both parents have the ability to seek modifications to child support orders as many times as may be necessary until the child reaches the age of 18. If the other parent will not agree to your requested change, or cooperate in an agreement regarding the modification of terms, than you next step is to petition the court.

Show a Substantial Change in Circumstances

When you ask for a modification of child support, you must be able to show that something about your circumstances has changed since the last time the court established or modified your existing child order. Depending on the nature of the changed circumstances, the court may make either a temporary or a permanent modification. Texas judges are often unwilling to make changes to child support unless the petitioner presents a good argument for the change being in the child’s best interests.

The party seeking a modification must first show that they have experienced a substantial change in circumstances before the court will even consider the petition. This change in circumstances can come in any forms, such as a significant change in income, a change in the child's needs, or the involuntary loss of a job. Typically, if the loss of income or employment is voluntary, the court will not consider that to be satisfactory to show a substantial change in circumstances.

Downward adjustments may also be necessary if one parent become disabled or loses their job involuntarily. If you agreed to a certain amount of child support based on income you are no longer earning, this change in your situation could be grounds for a child support order to be modified.The amount of income you've lost must be significant. A permanent modification of a child support order will remain in effect until support is no longer required or the order is modified at a later time because of a new set of changed circumstances.

A change in circumstances may also concern the living arrangement of the parties involved. If the children for whom you are paying support now reside with you instead of the other parent, this may qualify as a significant change.

Whatever the reason that you can no longer make your child support payments, it is imperative that you seek to modify your child custody order as soon as possible. You are still responsible for your child support payments up until the new modification order is signed. Many times, the support can be retroactive to the date that you filed the petition.

Enforcing a child support order in Texas

If you have been waiting to receive your child support over an extended period of time, you should stop waiting and take action immediately. It is frustrating and beyond a minor inconvenience to not receive the child support you are owed. If a non-custodial parent owes you money for child support, you must register your child support order with your state's child support enforcement agency in order to seek enforcement options.

When the non-custodial parent does not pay the full amount, or does not pay at all, enforcement action becomes necessary. You may also file a motion with the court that signed the order to enforce the child support.

Also, by notifying child support and government agencies, the child support payment can be forcefully withheld from the party who is not paying. You will then receive your child support through income withholding. The government may intercept tax refunds, garnishment of wages, or even suspend the non-payer’s driver’s license. Most child support orders require the employer to withhold the money that is ordered for child support, and send it to the state child support office. Your child support office can tell you about this procedure.

When you are in child support arrears

Failure to pay child support can have serious consequences.Any support payments that you don't make become what's called "arrears," and there's no way to make them go away other than paying them. They can't be discharged in bankruptcy, and they can't be reduced by a judge retroactively. If the court finds that a non-custodial parent is able to pay support but refuses, the court can hold the non-custodial parent in contempt of court, which can result in fines or jail time.

Ready to begin?

GET STARTED