Addressing Child Custody And Support With Thoughtfulness And Care

Divorce or separation marks a significant transition in a child’s life. It shatters a once familiar world and plunges your family into uncertainty. We know that, as a parent, your primary concern is to create the best possible life and future for your child. At Barnhill Law Firm, we share that priority.

Our Gatesville child custody lawyers can help you secure the legal orders you need to establish your new life. Led by a board-certified family law attorney, our firm is well-equipped to handle the complexities of child custody and support cases in Central Texas. By defining your custody arrangement, creating a parenting plan and securing fair and accurate support obligations, your family will be able to move forward.

Understanding Child Custody In Texas

In Texas, child custody is called conservatorship. There are two aspects of conservatorships:

• Managing conservatorship (legal custody) refers to parental authority to make major decisions for the child. With a joint managing conservatorship (joint custody), both parents have equal authority. With a sole managing conservatorship, only one parent has that authority.
• Possessory conservatorship (physical custody) refers to the right to spend time with the child, which is separate from legal decision-making authority.

In Texas, visitation is legally referred to as possession and your parenting plan or visitation schedule is legally called a possession order. A comprehensive parenting plan outlines parental rights and responsibilities, visitation schedules and other important aspects of your child’s life.

What Is A Standard Possession Order In Texas?

In Texas, the law presumes that a Standard Possession Order (SPO) is in the best interest of most children. This is a set schedule designed to provide a clear, predictable framework for how a child will divide their time between parents. The SPO is typically used when parents live within 100 miles of each other, though a modified version exists for greater distances.

What Is The Typical Schedule With A Standard Possession Order?

Under a Standard Possession Order, the possessory conservator or the parent with whom the child does not primarily reside, typically has the right to possession of the child on:

• The first, third and fifth weekends of each month
• Thursday evenings during the school year
• Alternating holidays (such as Thanksgiving and Christmas)
• Thirty days during the summer break.

With this type of schedule, a child maintains a consistent and meaningful relationship with both parents. In addition, this schedule provides a stable and predictable routine for families.

What Is An Expanded Standard Possession Order In Texas?

Recent changes to Texas law have made the Expanded Standard Possession Order (ESPO) the new “default” for many custody cases where parents live close to one another. An ESPO provides the noncustodial parent with additional time by extending the traditional weekend and weekday visits. While an SPO often requires the parent to pick up the child at 6:00 p.m. on Fridays and return them at 8:00 p.m. on Sundays, the expanded version typically allows for:

• Weekend extensions: The period of possession begins when school is dismissed on Friday and ends when school resumes on the following Monday morning.
• Weekday extensions: The Thursday evening visit is expanded to an overnight stay, with the parent dropping the child off at school on Friday morning.

The ESPO is designed to reduce the number of exchanges between parents and allow the child to spend more quality weekday time in both households. With either an SPO or an ESPO, the parents can agree to modify the schedule to fit their needs. Our experienced child custody and visitation attorneys can help you negotiate a parenting plan that works for you and your family.

Upholding The Best Interests Of The Child

Whether you are in the midst of a divorce or separating from your child’s other parent in a paternity case, the Texas courts base custody decisions on what is in the best interests of your child. When determining a child’s best interests, the court considers:

• Your child’s emotional and physical needs
• Each parent’s ability to meet the child’s needs
• Your child’s relationships with siblings and other significant family members
• The stability of each home environment
• Educational opportunities for your child
• Any physical or emotional abuse
• Any substance abuse
• Each parent’s willingness to support a continuing relationship between your child and the other parent
• Any expressed preferences of your child, if they are of sufficient age and maturity

Our child custody lawyers understand how to address these complex considerations. Our goal is to ensure that every decision promotes the welfare and happiness of your child. If your custody conflict requires court intervention, our attorneys will advocate for what is in the best interests of you and your child.

Child Support Guidelines In Texas

When parents in Texas part ways, you must also define child support obligations. In Texas, child support is calculated based on state guidelines. The state guidelines consider the parents’ income and the number of children they support.

If a parent is self-employed or has an irregular income stream, income can be difficult to establish. For example, it is difficult to predict bonuses or commissions. Additionally, there are other factors that can affect child support obligations. The court will consider the cost of child care and health insurance. The court will also consider a child’s special education or medical needs. Our child support lawyers can address the unique factors in your situation.

Modifications To Custody Or Support

Circumstances can change. When they do, you might need to modify custody or support. Possible grounds for these modifications can include:

• Significant changes in a parent’s income
• Relocation
• Changes in the child’s needs

Our child custody lawyers can help you pursue or oppose these modifications. We also help clients seeking to enforce existing custody orders.

Secure Your Child’s Future. Speak With a Central Texas Custody Lawyer

When your relationship with your children is at stake, local experience matters. With offices in Woodway, Belton, and Gatesville, our attorneys don’t just know the law, we know the local courts. We regularly represent parents in McLennan, Bell, and Coryell Counties, providing the home-court insight into local judges and procedures that can make the difference in your case.

Take the first step toward protecting your family. Call us today at 254-379-9224 or send us a message through our online form. Our experienced family law attorneys are ready to protect your parental rights.