Joint Conservatorship Under Texas child custody laws, when moving out of state, the parent who is primary must usually get the other parent's consent if they want to take the child with them. If they do not obtain consent, they must petition the court to request permission to move out of state.
Under a joint custody agreement, neither parent has the exclusive right to move so far away that it disrupts the other party's access to frequent and continuing contact with their child.
You can only move out of state after receiving permission from a court. However, it's not a one-way street. The non-custodial parent's rights must also be considered when a court determines whether to allow a child custody order to be modified.
Joint Custody Comes With Geographic Restrictions
Therefore, neither parent has a right to move so far away that it disrupts the other parent's access to “frequent and continuing contact” with the child. In fact, most Texas custody orders impose geographic restrictions upon the parent with primary custody.
In Texas, the courts assume that joint conservatorship (custody) is best for the children – unless one parent has a history of domestic violence or substance abuse. Joint custody allows both parents to make important decisions about their children, but does not account for parenting time.
Joint Custody and Child Support
Child support is still paid when parents have joint custody in Texas in most situations.
Yes, child support in Texas is based on a percentage of the paying parent's monthly net resources and the number of children the parent is supporting: The monthly net income is multiplied by 20% if the parent is supporting only one child. The income is multiplied by 25% if there are two children.
If one parent keeps a child away from the other parent when there is not a court order, there is no way to force visitation to happen. Without a court order, neither parent can file an enforcement action. An enforcement action cannot be used to enforce an informal agreement between the parents.
Child Neglect
Failing to provide adequate medical or dental care for a child, which creates a substantial risk of bodily injury, disfigurement, or death. Placing a child in or failing to remove him or her from a situation where the child is exposed to a significant risk of physical, emotional, or mental harm.
The Answer: 12 Years Old & Over
So, when can a child choose which parent to live with in Texas? The law allows the judge to interview a child that is 12 years of age or older concerning custody.
A non-custodial parent in Texas has the right to move out of the state or assigned geographic area; however, the children cannot relocate with them. When the non-custodial parent moves out of state, an update to the visitation schedule will likely be necessary.
Parents in Texas can challenge relocation. By filing a Suit Affecting the Parent-Child Relationship, you can secure a temporary restraining order that prevents the other parent from relocating until you have a court hearing. At the hearing, the courts will hear arguments from both parents regarding the proposed move.
Before we discuss further, it's important to note that the parents can legally relocate to any location they wish with no geographic restrictions. Child custody laws in Texas only apply to the children as per the law's relocation clause. Child custody will be transferred to the other parent in this case.
You may wonder, Why would the court not allow 50/50 custody in Texas? Texas law does not currently support the idea that equal possession of the children by both parents is in the children's best interest. Under Texas law, there is a presumption that a standard possession order is in the child's best interests.
One frequently-used option is the 4-3 schedule, where the child spends four days a week with one parent and three days with the other. The 2-2-5-5 schedule is also used by many families. The child spends two days with each parent, then five days with each parent. Then the cycle repeats.
Types of Custody Arrangements in Texas
Joint custody, known as joint managing conservatorship, is when both parents share the legal right to make decisions about the child's welfare. This type of shared custody arrangement can be categorized as either joint physical custody or joint legal custody.
No. Texas courts do not favor mothers over fathers. In Texas, judges base child custody dispute rulings on the best interest of the child or children. However, it is important to understand the law when it comes to courts and the discretion the court has when determining child custody.
In Texas, it is possible for parents to lose custody of their children in specific circumstances. They may include child abuse, child neglect, and chronic substance abuse or mental health issues on the part of the parent.
There are two major triggers that will almost automatically determine a parent unfit for custody: abuse and neglect. If there is any history of domestic violence, a parent will not get physical custody. Outside of abuse and neglect, courts will look at a few things, including: A history of drugs or alcohol.
Texas law establishes the rights and responsibilities of all parents. Mothers and fathers have the same rights under the law. This chapter defines the rights and responsibilities of a parent toward their children.
A unmarried mother who gives birth to a child automatically gets the full legal rights of motherhood in Texas. She gets full custody and decision-making rights regarding the child's upbringing unless and until the father asserts paternity rights.
Rights Of The Legal Father
Ensures equal rights in decisions such as healthcare, education, religions matters, and general upbringing. Allows the child to travel with both parents. The right to petition for sole conservatorship (custody) if the mother is found to be unfit.
HOW THE AMOUNT OF CHILD SUPPORT IN TEXAS IS DETERMINED: In general, child support guidelines in Texas include: Noncustodial parents are required to contribute 20 percent of net income for one child and an additional five percent for each subsequent child.
Texas child support laws provide the following Guideline calculations: one child= 20% of Net Monthly Income (discussed further below); two children = 25% of Net Monthly Income; three children = 30% of Net Monthly Income; four children = 35% of Net Monthly Income; five children = 40% of Net Monthly Income; and six ...
The Ability of the Non-custodial Parent to Pay - The court will look at income from all sources when it decides on the amount of child support.