Child Custody and Support 

Family Lawyer

Child custody issues have evolved over the years from what they once were. Typically, mothers were favored in custody issues. Now however, judges take into consideration several facts about both parent’s ability to maintain custody. These can range from physical and mental abilities, if they are able to provide, the relationship with the child or children and so on. Custody can have several different outcomes depending on the circumstances of the case.

The two types of custody that are most commonly known are sole and joint custody. Meaning either one parent is granted sole custody of the child or joint where custody is split between the two parents of the child. This is typically used for physical rights. However, legal rights can also be determined during a hearing. Legal custody is essentially the fact that the parents or guardians can make decisions for the child on how to raise them. As well as things such as again doctor visits, education, and so on.

Typically, legal custody is given to both parents though there can be some exceptions. Along with custody agreements there can also be talks about child support surrounding this topic as well. Child support is typically placed on the parent who is not the child’s sole or main caregiver. Regarding how much the parent would have to pay depends on several different things. Such as their monthly income, what the child was accustomed to when both parents were together, and so on.

For the most part child support in Texas stops when the child reaches 18 or graduates from high school. However, it can end earlier depending on various factors such as if they enrolled in the military or even become self-supporting. If the child has a disability though, the support could continue into their adulthood. Until the court comes to a decision on a child support agreement a temporary agreement can be set in place. This is because these sorts of cases can take months or even years to come to a final decision.

Establishing paternity can be a process that is also attached to both the custody and child support agreements of a case. Paternity can be established under different circumstances but is often used for unmarried women. This is because the law assumes that if a woman is married the husband is the father of the child and therefore, they are able to automatically assume parental responsibility. Whereas, an unmarried woman has to establish paternity especially if they are seeking resources such as child support and custody agreements. In this case establishing paternity helps both parties. It gives a broader view on family history, allows the father to inquire and try to establish visitation rights. 

Whether you are looking for to file for a custody agreement or child support. It could be very beneficial to look for a family law attorney to assist in your case. This helps to make sure you haven’t possibly overlooked anything regarding your case. It is especially important since these kinds of cases have to be filed and given to a court. You therefore, want to make sure you have everything regarding the agreement that both parties came to understood and ready for them to be looked upon. These agreements can also allow room for modification so it is important to highlight these and make sure these are clear. For example, let’s say one parents income is reduced or cost of living goes up. There would have to be some modification to the amount of child support that they were paying. Again, this can be written out in one of the agreements. 

An experienced family lawyer, like one from our friends at the Brandy Austin Law Firm, will have the repertoire necessary to protect your best interests and smooth your experience.

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