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Where will my child live after the divorce? More than likely, your child will live the majority of the time with the parent who is given the legal right to decide the child's place of residence. Back to the top. What exactly does "custody" mean? In Texas, "custody" is a term that is used to define the rights each parent will exercise for the benefit of the children, as well as define who will make certain decisions on their behalf. Back to the top. Will one parent have more control over the children than the other parent? Except in extreme circumstances, which must be discussed with an attorney, each party will have certain legal rights as a parent. The legal rights each parent has do not determine the amount of time each parent will have with the child. Some legal rights belong to both parents and apply when the child is with them (such as the right to discipline the child or provide emergency medical care); and some legal rights will be given to only one parent (such as the rights to stay where the child will live and to give consent to non-emergency medical care). In some cases, the court may determine a specific area where the child will live (i.e., a particular county, such as Harris County) or which school the child will attend. Back to the top. Is there an age when a child may decide for himself where he will reside? There is not an age when a child may decide for himself where he will reside. However, at the age of 12, he or she is allowed to sign a document which can be filed with the Court stating his or her desires. This "choice", filed by the child, is not binding and is only one factor the Court considers when deciding with which the parent the child will live. Back to the top. When do I need a court order concerning my children? You should obtain a court order for custody when you are separated but not divorcing, when you are divorcing, or when a paternity or legitimization suit has been filed. Back to the top. What if I have to move after the order is signed by the judge? If the child lives with you under an order restricting the county where the child may live, and you have to move outside that area, you must receive permission from the Court before the child can move with you. If the court has not restricted where the child may live, you may move with the child after giving notice to the other parent. Back to the top. How much child support will I receive or will I have to pay? Child support is set more or less according to a standard formula, but the particular specifics of your case should be discussed with an attorney, as they will affect the actual amount of child support. Generally, however, under Texas law, child support is approximately:
Back to the top. How will the child support be paid? The child support will be paid either monthly or semi-monthly. In most cases, the child support is deducted from the salary of the person paying support. Back to the top. What if the support is not paid? You can ask the court for help in enforcing the order. Enforcement of court orders is discussed in the General Family Law section of this FAQ. Back to the top. |
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