The Difference
Family Law & Divorce
Frequently Asked Questions
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What factors does the court look at when awarding custody?The paramount consideration for the court is always the best interest of the child, but this can be a nebulous concept. Courts will look at a multitude of factors: the age of the child, the relationship the child has with each parent, the ability of the parents to cooperate, the existence of any abuse or neglect, and even the child’s preference. There is no limit as to what the court can consider when it comes to determining custody.
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How much is child support if it is ordered?Texas uses a specific formula to determine the amount of child support. It is based on a parent's gross income and the number of children that the parent has. The possession schedule has no bearing on child support, nor does the recipient spouse's income. That is because child support is the right of the child and not the other parent. It is important to remember that the formula is merely a guideline.
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What is the Standard Possession Order?This is the default schedule that courts use when determining a visitation schedule. It’s a great place for couples to start if they’d like to customize their own schedule. The non-primary parent will get the children every first, third and fifth Friday of the month until the following Sunday. They will usually get a midweek period of possession, Thursday, and it can be overnight. The couples will swap holidays. The parent who gets Thanksgiving will not get Christmas, but this will alternate every year. Finally, the non-primary conservator usually gets the whole month of July, although there are some variations to this schedule.
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