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Custody FAQ

I’m divorcing the father of my two children. What are my options for custody?

Joint custody and sole custody are exactly what they say. You and the former spouse can agree on a parenting time schedule or the court can weigh an outcome based on a number of factors. Wherever your case goes, it’s best to have an experienced divorce and family law attorney on your side — someone who knows Texas child access law and how it can be applied to help you.

I can’t represent myself? I can’t argue for my own objectives before the court, if it comes to that?

You wouldn’t attempt to repair a car’s engine if you are not a mechanic. You wouldn’t try to fix dangerous electrical systems in your house unless you were a mechanic. It just makes sense to hire a lawyer who knows the ropes, the courts and the best ways to get positive results.

If I receive custody rights, does it necessarily follow that I’ll receive child support payments?

More often than not, the custodial parent designates the primary residence, has access to the child most of the time and becomes the regular recipient of child support.

Can I do anything to change a custody order, in case something goes wrong?

Child custody provisions in court orders can, under certain circumstances, be modified in the event of a sudden, substantial change of circumstance — the need to relocate for job-seeking, specialized health care, or business or military transfer, to name just a few examples. These initiatives can also be contested, and the court’s approval and a new court order will be required either way. So, again, a divorce and family law attorney who knows how to request modifications and advocate in these situations can be of definite advantage to you.

What if my former spouse conveniently and repeatedly ignores his custody and visitation responsibilities?

Your lawyer can petition the court for what’s called an enforcement, which compels the noncustodial parent to live up to his stated, agreed-upon obligations.

What about if child support isn’t being paid regularly? Can I refuse visitation on that basis?

Child support and visitation are not one in the same — not connected in any way. Access to a child cannot be denied strictly on the basis of nonpayment of financial support.

Sounds like I need a hard-and-fast, etched-in-stone parenting plan. Can an attorney help draw up one of these that passes muster with the court?

Absolutely. Duties and rights of both parties should be explicitly spelled out for decision-making, health and education, child support and health insurance considerations, just to name a few.

Contact Us Today

These are the kinds of priorities we can discuss during your initial consultation with Law Thompson, P.C., in Houston. It can be arranged today by calling us at 281-369-8665 or sending us an email message. We represent clients in Harris County, Montgomery County and Fort Bend County.