Child Custody/Child Support
Child Custody/Child Support
Child Custody and Child Support Attorneys in Frisco, Texas (TX)
Our Law Firm Serves Clients in the Following Counties: Collin, Denton, Dallas, Rockwall, Kaufman, Johnson and Cooke.
Child Custody and Child Support Matters in Texas
Even in the most amicable cases, matters of child custody and support can become highly contested between parents. Texas courts decide these matters in the best interests of the children, which sometimes produces results contrary to the desires of the parents. Grinke Stewart Law, PLLC recognizes the emotional element to child custody and child support issues, and our attorneys provide comprehensive representation our clients can trust. We fight for our clients’ rights while working toward solutions that benefit the families involved.
Custody/Conservatorship in Texas
The word “conservatorship” is used in place of “custody” in Texas. Conservatorship refers to a parent’s relationship to a child, as documented in a court order. Custody cannot be enforced in the absence of a court order, so parents need to involve the court on some level if they want binding terms.
Under Texas law, there are three types of conservatorships:
- Sole Conservatorship
- Joint Managing Conservatorship
- Possessory Conservatorship
Each of these will mean something different with regard to where the child lives and what decisions each parent can make.
Sole Conservatorship
In a sole conservatorship, the court will deem one parent Sole Managing Conservator. This parent will have the right to make almost all decisions for the child, including decisions about housing, education, religion, and health care. Courts will only grant sole conservatorship to one parent if there are compelling reasons for preventing the child from living with the other parent or for preventing the other parent from making important decisions for the child.
Typically, sole conservatorship is granted to one parent when the following circumstances are present:
- The other parent has been violent toward the child or another family member;
- The other parent has abused or neglected the child;
- The other parent has an issue with drug or alcohol abuse; or
- The other parent has not been present or active in the child’s life.
In rarer cases, a court might name a non-parent, such as a grandparent or extended family member, Sole Managing Conservator of the child.
Joint Conservatorship
Texas courts favor naming both parents Joint Managing Conservators whenever possible. In a joint conservatorship, both parents make decisions for the child and split time with the child. The parents also have a separate Possession Order from the court that outlines the time when the child stays with each parent.
Even in joint conservatorships, though, one parent will typically be designated the “custodial parent” and will have the right to choose where the child lives. The choice will often be limited to a specific geographical area, such as inside one county or inside one school district.
Possessory Conservatorship
A parent will usually be named Possessory Conservator when the other parent has been named Sole Managing Conservator. The parent having possessory conservatorship will still have parental rights as to the child but will not be allowed to make final decisions for the child. When a non-parent has been named Sole Managing Conservator, the parents will both be Possessory Conservators.
Child Support Orders
Child support orders determine monetary assistance provided by one parent for the benefit of the child. Texas has legal guidelines regarding the amount of child support appropriate in each case, ordinarily based upon several factors, including:
- The parents’ net incomes
- The number of children
- The amount of time spent with the children
Contact Grinke Stewart Law Today to Discuss Your Case
The lawyers at Grinke Stewart Law, PLLC, have the experience and dedication necessary to resolve contested child custody and support matters in Texas. Call Grinke Stewart Law, PLLC at (469) 598-2001 to discuss your legal matter or click here to schedule a consultation with one of our attorneys.
