FAQ: Parental Rights in Texas
If you are in the process of going through a divorce in Texas, there may be children involved. In that case, you might be wondering how child custody works. It is important for you to get all of your questions answered, as you need to make sure that your Texas parental rights are protected. What are a few of the most important points to keep in mind regarding child custody laws in Texas? There are several common questions that people have.
What is the most important factor that a judge will use to determine who gets custody of a child?
When deciding child custody, the judge is going to act in the best interests of the child. This means that the judge is going to evaluate the individual situations of each parent, deciding what environment is best for the child. Some of the factors that the judge will use to evaluate the best interests of the child include financial support, emotional support, the relationship the child has with each parent, the safety of the living environment, and educational support.
How do you file for custody of a child in Texas?
If you need to file for custody of a child in Texas, the most important thing you need to do is reach out to an attorney. Specifically, you need to hire an attorney who has experience dealing with Texas child custody laws. Then, the attorney will be responsible for collecting documentation, providing supportive evidence, and guiding you through the legal process.
If I have custody of my child, am I going to receive child support payments?
There is no guarantee that you will receive child support, but it is possible. The court is always going to act in the best interests of the child. If the court believes that receiving child support would be beneficial for your child, then the judge may order it. Typically, the parent who is awarded the “primary residence” of the child and has access to the child for a majority of the time will receive child support if it is ordered.
Can parental visitation rights be denied if the parent does not pay child support?
No. Visitation rights cannot be taken away purely because a parent does not pay child support. There are a number of reasons why parents may lose their visitation rights, but failure to pay child support is not one of them. Regardless of whether a parent is up to date on child support payments, visitation should continue unless the court changes its mind.
Can a child decide which parent he or she wants to live with?
There are some situations where a child can play a role in deciding where he or she wants to live. In Texas, this is not allowed until the age of 12. Once a child turns 12, he or she can voice which parent he or she wants to live with. The court is under no obligation to follow the wishes of the child, but the wishes of the child are going to be taken into account by the court system when deciding which home should be designated as the primary residence.
Can grandparents be awarded custody and visitation in Texas?
It is important for children to have relationships with their grandparents as long as they are a positive influence on the life of the child. However, the court is highly unlikely to order custody and visitation for grandparents. There are several requirements that have to be met before grandparents can be awarded custody and visitation. If the parent that has custody of the child has been declared incompetent, has passed away, or does not have court-ordered possession of the child, then it is possible that a grandparent could be awarded custody and visitation.
What should I do if I feel that my parental rights are being violated?
If you feel that your parental rights are being violated, you need to reach out to an attorney as quickly as possible. That way, your attorney can file a case on your behalf to get the court system involved. If you have parental rights in Texas, they deserve to be protected. That is where our team can help you.
Rely on Setzer Law Firm for Help With Child Custody Issues
If you have issues related to child custody, it would be our pleasure to help you. We are the Setzer Law Firm, and we have a tremendous amount of experience helping families of all backgrounds with different types of child custody issues. Now, it would be our pleasure to help you as well. Child custody issues must be handled deftly, swiftly, and smoothly. Our team is available to assist you, so contact us today for a case consultation.