Child Custody & Support Lawyer in San Benito
Also Serving the Greater Brownsville Area
Depending on the circumstances, three issues can arise in any Texas divorce: child custody and visitation, child support, and spousal support (also known as alimony). These issues are subject to Texas family law and can be hotly disputed, requiring family court judges to make final determinations based on the evidence that is presented.
If you need help resolving any or all of these divorce issues, call Gustavo D. Elizondo, III Attorney at Law for experienced and dedicated legal help. Our San Benito child custody and support lawyer helps individuals and couples resolve such challenging issues both, in and out of family law courtrooms. With three generations of legal practice, we have a strong track record of successful case outcomes.
Child Custody & Visitation in Texas Divorce
Under Texas law, child custody is referred to as “conservatorship.” Two types of conservatorship can occur in a custody case: Joint managing conservatorship and Sole managing conservatorship.
Joint Managing Conservatorship
In which both parents share custody and responsibility for the health, education, religious upbringing, and other important life matters for the child; one parent may have “primary” conservatorship where the child mainly resides (with the other parent having visitation rights)
Sole Managing Conservatorship
In which only one parent has exclusive right to make decisions regarding the health, education, religious upbringing, and other vital life matters for the child while the other parent may or may not have visitation rights
Texas public policy favors children having a frequent and ongoing relationship with both parents. However, even in joint managing conservatorship, it is not a requirement that parenting time be equal or even close to equal.
Time with both parents is the preferred arrangement in Texas unless specific factors would make it unworkable, such as an unfit parent or one who has demonstrated an inability to act in a child’s best interests. If you and your spouse can agree on a parenting plan, it can be submitted to the court for approval. If you cannot, the court will decide custody arrangements based on what it deems to be in the child’s best interests.
Child Support Laws in Texas
Under Texas law, child support is paid to the primary conservator (parent) by the other parent, known as the “obligor.” How much you will pay in child support is a percentage determined by your net income/resources and the number of children being supported. The percentage will change if you have children in another household.
For example, in a one-household scenario, the obligor would pay 20 percent of his or her net income to the other parent for one child, 25 percent for two children, and 30 percent for three children. Child support usually continues until the child turns 18 or graduates from high school. Support may be increased or decreased based on specific circumstances presented to the court.
Spousal Support (Alimony) in Texas
Temporary and permanent alimony for spouses is an issue that is decided on a case-by-case basis. Temporary spousal support may be granted in situations where one spouse earns significantly less than the other or has no other means of financial support.
Permanent spousal support for up to three years or for an indefinite period of time may be granted under certain circumstances. These circumstances include cases of domestic violence and cases where the marriage lasted 10 years or longer and other specific conditions exist.
Need to Learn More about How the Laws Pertain to You?
Understanding how your divorce case fits in under Texas law can be confusing and complicated. Ensuring that your voice is heard in any custody or support issue is essential. At Gustavo D. Elizondo, III Attorney at Law, you can work with a compassionate and competent legal professional who will work diligently to ensure that you have the strong voice you need throughout any family court hearings or procedures or at the negotiation table to resolve these matters.