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Guy Rodgers is Board Certified in Family Law by the
Texas Board of Legal Specialization.
Family Law Resources:
Marriage
& Divorce in Texas
Who
Gets What in the Divorce
Child
Custody
CHILD
CUSTODY
WHO
WILL GET CUSTODY OF THE CHILDREN?
Texas
law presumes that one of the parents should have custody (conservatorship)
of the children. Texas law also presumes that the parents
should have joint custody/ conservatorship. However, one of
the parents in a joint custody situation must have the primary
rights, including the right to determine the child’s
residence. Usually the parent who has been the primary caretaker
of the children will be named the primary joint managing conservator.
However, the Court has the final say in this matter and will
consider all facts necessary to determine what is in the best
interest of the children.
IF
I’M NOT NAMED THE PRIMARY CUSTODIAN OF MY CHILD, WILL
I STILL GET TO SEE MY CHILD?
The parent
who was not named primary conservator of the children will
be granted visitation rights. The standard visitation schedule
divides the children’s weekends, school holidays and
summers between the two parents. The courts handle children
under three on a case by case basis. Children over twelve
(12) can tell the Judge which parent they want to live with.
However, the choice is not binding upon the Court.
WHO
PAYS FOR THE HEALTH INSURANCE FOR THE CHILDREN AFTER THE DIVORCE?
Texas
law requires that the parent not having primary custody of
the child obtain health insurance for the child. The expense
of this health insurance will be considered in the formula
that sets the child support payments. Parties are generally
required to split uninsured medical expenses. Texas law requires
a standard policy that would cover almost all of the typical
health expenses. "Major medical" insurance does
not meet the requirement established by the Legislature.
WILL
MY SPOUSE HAVE TO PAY CHILD SUPPORT?
Child
support is the money that is paid to the party who has primary
custody of the child. Child support is based on a formula
prepared each year by the Texas Legislature and Attorney General.
Items of clothing, diapers, food, toys, etc. are not considered
child support. Child support can usually be withheld from
a parent’s paycheck to insure that the support is paid.
Child support can be changed over the years as the income
of the parent obligated to pay child support changes.
CAN
A CHILD DECIDE WHERE HE WANTS TO LIVE?
Under
Texas law, a child who is twelve (12) years old can file a
written choice of managing conservator. The child can also
tell the Judge his choice directly in some circumstances.
However, the child's choice is only one factor in determining
the best interests of the child. The Judge takes all factors
into consideration including the child's choice when determining
what is best for the child.
WHAT
IS THE METHOD FOR DETERMINING HOLIDAYS
FOR VISITATION?
New Year's
Day
Observed on January 1st
Martin
Luther King's Birthday
Observed on the third Monday in January
Valentine's
Day
Observed on February 14th
Washington's
Birthday (President's Day)
Observed on the third Monday in February (Actual date: Feb.22nd)
Ash Wednesday
Falls forty six days prior to Easter Sunday
St. Patrick's
Day
March 17th
Palm Sunday
The Sunday immediately before Easter Sunday
Passover
Date varies and is determined based upon the Jewish Calendar.
Good Friday
The Friday immediately before Easter Sunday.
Easter
Easter is the Sunday after the Paschal Full Moon. The Paschal
Full Moon may occur
from March 21 through April 18, inclusive. Therefore, the
date of Easter is from March
22nd through April 25th, inclusive. The date of the Paschal
Full Moon may differ
from the date of the actual full
moon.
Mother's
Day
Observed on the second Sunday in May
Memorial
Day
Observed on the last Monday in May
Father's
Day
Observed on the third Sunday in June
Independence
Day
July 4th
Labor
Day
Observed on the first Monday in September
Rosh Hashana
Date varies and is determined upon the Jewish Calendar
Yom Kippur
Date varies and is determined upon the Jewish Calendar
Columbus
Day
Observed on the second Monday in October
Veteran's
Day
November 11th
Thanksgiving
Day
Observed on the fourth Thursday in November
Hanukkah
Date varies and is determined based upon the Jewish Calendar
Christmas
December 25th
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