Child Custody and Visitation Questions

The following answers apply only to Child Custody cases filed in the State of Texas.

When would I need a custody order?
If you're currently married and in the process of divorce or separation, you would need a custody order. You also may need one if there's a paternity suit in progress. However, in Texas, we don't use the terms custody in our orders. The term that is used is "conservatorship" which is a legal term to mean "decisionmaking."

What does child custody or conservatorship involve?
Custody or conservatorship involves the parent's decision-making rights as well as the time the child spends living with you. Some legal rights apply to both parents, some may only apply to one (for example, the right to decide where the child will live). There are some that apply to whichever parent the child's living with at the time. Obviously, most parents want to make sure they retain as many rights as possible.

I'm the father - doesn't the mother always get custody of the child?
The court will always consider the best interest of the child in determining custody or conservatorship. Generally, courts do not consider the gender of the parent and/or the child when making that decision. In fact, courts in Texas are likely to grant joint custody or joint managing conservatorship to both parents.

Can the child tell the court which parent he/she wants to be with?
The Court may interview a child 12 years or older to understand the child's wishes. If the child is older than 12, he/she may inform the court in writing. However, the court will follow the "best interest of the child" standard to make its decision, and not necessarily the wishes of the child.

What's sole/joint conservatorship?
Sole conservatorship means only one parent has custody and decision making rights for the child. Joint conservatorship means both have rights, but it wouldn't necessarily be equal; one may have more time and/or rights than the other. In Texas, the court generally order both parents as joint managing conservators because that would be in the best interests of the child. It will then take into account the specifics of the case to see if that presumption is valid for that specific case.

What's a visitation or possession order?
A Visitation or possession order is an order giving a default set of dates and times for a non-possessory conservator to have access to the child. The dates and times are comprehensive, covering all major holidays.

I have my son for the whole month of August - do I need to pay child support that month?
Yes. Unless your order says explicitly that your child support commitment excludes the month your child is with you, then you have to pay.

My ex won't let me have my visitation - can I stop my child support payments?
No. Child Support is not tied to visitation. Refusing to pay it will only get you in trouble with the court. Instead, you should pursue enforcement of the visitation order by filing a motion for contempt.

My ex isn't paying his/her child support. Can I refuse visitation?
No. Child Support is not tied to visitation. You should file a motion for contempt to enforce the existing child support order (see Child Support Questions).