Child custody cases are emotional as stressful in general, but they could be even worse if you jump into them without proper knowledge about what to expect. It is important to understand what happens in the child support, custody case and the parental rights in Texas.

1. How did the visitation schedule in Texas changed in 2021?

Effective September 1, 2022,   the presumption changed from the noncustodial parent having right of possession of the child starting at 6:00 p.m. on the first, third, and fifth Fridays of each month and ending the following Sunday at 6:00 p.m. to the start time being at the time school is released on first, third, and firth Fridays of each month and ending the following Monday at the school resumes. The presumption also changed for Thursday periods of possession starting at 6:00 p.m. and ending that same day at 8:00 p.m. to now starting at the the time school is dismissed and ending the following Friday at the time school resumes. The presumptions only apply to the parents who reside 50 miles to each other. If you have a court order that was put in place before September 1, 2021, then there are no changes to your order automatically, you would need to modified your court order.

2. How is child support calculated in Texas?

Child support is only based on the noncustodial parent’s gross monthly income, which can include rental property income. 

If the noncustodial parent another child who is 18 years of age or younger and hasn't graduated high school, they have the right to the multi-family adjustment credit. This means, the person paying support will pay a lesser monthly percentage based on the guideline chart.

Also, if the parent paying child support also pays for health and dental insurance each month, they will get a slight credit off their monthly child support payment each month. If the parent who is paying child support does not have health insurance available to them and they don’t have the ability to cover the child, then they could be required to pay monthly cash medical reimrbusment for the cost of the other parent covering the child on health and or dental insurance. 

3. What does the court consider when awarding custody in Texas?

One factor the court considers is the stability for the child. The court will also consider the parent's ability to co-parent, so make sure that you have a healthy co-parenting relationship with your partner for the sake of your child. The court will also look at the parents' involvement in the child's life, such as extracurriculars, doctor appointments, school functions, etc. 

There are some things that the court does not consider when awarding custody, such as which parent's  house is bigger, who makes the most money, and who cheated. Also, most of the time the court doesn't really care about the parent's intimate relationship with someone else unless it impacts the child’s life, such as domestic violence being present or the likes

4. Who does the office of the attorney general represent in a child support case?

The OAG does not represent you nor the other party, they represent the State of Texas, and they don’t really care about your interest.  For example, when the child is on government benefits, then cash medical reimbursement can be requested by the State of Texas.

Remember if you voluntarily agree to participate in a negotiation conference with the Office of the Attorney General, then you can be stuck with the terms of the orders you sign. If you don't agree with the terms of the orders, then do not sign and wait to be served with the court paper by a constable or sheriff. Also, you have to remember that the discovery of the other parent’s pay and income will not be conducted as a part of the negotiation conference, and you have to rely on what the other parent voluntarily agree to share will be considered during the negotiation conference for calculating child support.

Attorney, Ashley Nicole Green is a family law and divorce attorney that can assist you with your family law case in Houston, Sugar Land, Richmond, Pearland, and surrounding cities in Harris, Fort Bend, and Brazoria County, Texas. 

You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com