Texas Child Custody

In Texas, if parents cannot reach a custody decision, then the judge will make a custody decision based on the best interests of the child. Texas courts prefer to award joint legal custody (called conservatorship in Texas) unless it is to the detriment of the child. When making physical custody decisions, the judge will consider:

  • The wishes of the child if he or she is at least 12 years old
  • The child's relationship with each parent
  • The child's health, safety, and welfare
  • The state of each parent's mental and physical health
  • Whether there is any parental history of child abuse

Both parents are bound by the court's custody order once it has been signed by the judge and filed with the court clerk.

A child custody attorney in Texas can negotiate a child custody agreement, help represent you in court, and explain your legal options.

Paternity

In Texas, there are several ways to establish paternity of a child:

  • Unwed parents sign an acknowledgment of paternity form
  • The child's mother can marry the child's biological father
  • Court order

Once paternity has been established, a parent can submit an Application for a New Birth Certificate Based on Parentage that includes the father's name.

Child Support

In Texas, child support is calculated based on the paying parent's net income and other financial resources. Assuming the paying parent is not supporting other children, support is usually calculated as follows:

  • One child: 20% of net resources
  • Two children: 25% of net resources
  • Three children: 30% of net resources
  • Four children: 35% of net resources
  • Five to seven children: 40% of net resources

Texas child support can also be adjusted if financial circumstances change in the future. These would include:

  • A significant change in the non-custodial parent's income
  • A change in the custodial parent's financial needs

Child support payments can be processed through the Texas Child Support Disbursement Unit. Payment can be set up online, making the process more convenient for both parties. If payment of child support becomes a problem, the Child Support Division of the Office of the Attorney General is responsible for child support enforcement.

Texas Custody Additional Resources

  • The Texas Young Lawyers Assocation's booklet Kids in the Crossfire, which helps parents understand the impact of divorce