Divorces are inherently complex and stressful. Even when both parties are in agreement about most issues. But when there are children involved, the stakes are infinitely higher, and the importance of agreement is key, especially in the State of Texas.
Here is how time-sharing and child support is handled in Texas…
Child Support
Child support is set by Texas law taking into account the number of children involved, income, time, and benefits such as health/dental/vision insurance. Once the proper calculations are done, the Court will execute an order confirming the method of payment (with input from the parties) and the total amount. It is important to consult with your attorney to understand how Texas calculates child support amounts, and how those calculations will apply to you.
Custody or Conservatorship
In the state of Texas, if divorcing parents do not come to an agreement on custody and visitation, the court will impose what is called a “standard possession order.”
The Standard Possession Order involves calculations and determinations of when the noncustodial parent has the right to possession of the child or children based on how far the parents live from one another. This Standard Possession Order also determines the possession of the children during holidays. At our firm, we believe that it is imperative that the parents involved in a pending divorce, come to an agreement that works for their unique family and that no family should be reduced to a “standard”. We work to support families in negotiating an agreement that works for them.
Managing Conservatorships v. Possessory Conservatorships
In the state of Texas there are two kinds of custody arrangements: managing conservatorships and possessory conservatorships. Here is how they differ:
A managing conservatorship is all about decision-making. This conservatorship is what dictates the legal decisions parents can make on behalf of their children such as which schools to attend, how to manage their finances, discretion for medical decisions, and much more.
A possessory conservatorship is all about time-spent with the children. This conservatorship dictates the parent’s right to access and visit the child or children.
But the Texas court can grant a joint conservatorship, that includes all of the above, in consideration of the following factors:
- what the child prefers if they are at least 12 years old (but this is not definitive nor is it binding on the court),
- the distance between the parent’s homes,
- the ability of the parents to agree on decisions regarding the child that prioritize the child’s well-being
- how involved each parent has been throughout the child’s life,
- how each of the parent’s support and encourage a healthy relationship between the children and the other parent, and
- any other factors the court finds relevant and important to the child’s well-being.
The most important thing to note about the Texas conservatorship process is that the Court will take note on how the parents engage, interact, and behave throughout the proceedings, and then make it’s evaluations and determinations based on that (along with the above listed factors).
All in all, the Texas courts and Texas laws encourage parents to enter into conservatorship agreements on their own before opting for the court to step in. That’s why Ibeling Law takes the collaborative approach to divorce and child custody matters. Because the outcome of the proceeding, and how you will parent your children, depends on it.