Family Law & Divorce Information in Houston, Texas

Family Law, Divorce, In Houston Texas

Harris County Child Custody Lawyer

Posted on : February 3, 2013 |

Harris County Child Custody Lawyer

Harris County Child Custody Lawyer, Michael Busby Jr. will describe in detail the issues according to Texas state law you must address with your former lover and co-parent.

Four issues of state law address Child custody.  1.  Visitation  coupled with  2. Rights and Duties, 3.  Child Support  4. Health Insurance

Rights and Duties

Depending on you objective for naming a party as either a Joint managing conservator or a Possessory conservator, your right and duties will be governed by the status of the parties to the suit.

Sec. 153.005. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. (a) In a suit, the court may appoint a sole managing conservator or may appoint joint managing conservators. If the parents are or will be separated, the court shall appoint at least one managing conservator.

(a) A managing conservator must be a parent, a competent adult, an authorized agency, or a licensed child-placing agency.

Sec. 153.006. APPOINTMENT OF POSSESSORY CONSERVATOR. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators.

(a) The court shall specify the rights and duties of a person appointed possessory conservator.

(b) The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child.

Sec. 151.001. RIGHTS AND DUTIES OF PARENT. (a) A parent of a child has the following rights and duties:

(1) the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child;

(2) the duty of care, control, protection, and reasonable discipline of the child;

(3) the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education;

(4) the duty, except when a guardian of the child’s estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government;

(5) except as provided by Section 264.0111, the right to the services and earnings of the child;

(6) the right to consent to the child’s marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological, and surgical treatment;

(7) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;

(8) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child;

(9) the right to inherit from and through the child;

(10) the right to make decisions concerning the child’s education; and

(11) any other right or duty existing between a parent and child by virtue of law.

(12) the right to determine the residence of the child

Number 12 is frequently the right for which most parties fight over when child custody is concerned.  However if the other side is doing drugs, never around, abusing alcohol, violent, has sexual fetishes, you would want the rights above exclusive to you.  No sharing of rights and no co-parenting because of the conflict between the two of you when you have one of the elements above may be possible.  If the conflict between the two of you is because of finances or chores and duties, it will be difficult to limit rights above.

Visitation

Visitation is the next issue after the court determines who has the ability to determine the residence.

§ 153.254. Child Less Than Three Years of Age.

(a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age.

(b) The court shall render a prospective order to take effect on the child’s third birthday, which presumptively will be the standard possession order.

§ 153.256. Factors for Court to Consider.

In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider:

(1) the age, developmental status, circumstances, needs, and best interest of the child;

(2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and

(3) any other relevant factor.

§ 153.312. Parents Who Reside 100 Miles or Less Apart.

(a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows:

(1) on weekends beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday or, at the possessory conservator’s election made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, beginning at the time the child’s school is regularly dismissed and ending at 6 p.m. on the following Sunday; and

(2) on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., or, at the possessory conservator’s election made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, beginning at the time the child’s school is regularly dismissed and ending at the time the child’s school resumes, unless the court finds that visitation under this subdivision is not in the best interest of the child.

(b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. The possessory conservator and the managing conservator shall have rights of possession of the child as follows:

(1) the possessory conservator shall have possession in even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years;

(2) if a possessory conservator:

(A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or

(B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31;

(3) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and

(4) if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days’ written notice on or after April 16 of each year, the managing conservator may designate one weekend beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does not interfere with the possessory conservator’s period or periods of extended summer possession or with Father’s Day if the possessory conservator is the father of the child.

§ 153.313. Parents Who Reside Over 100 Miles Apart.

If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows:

(1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator’s choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days’ written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable;

(2) each year beginning on the day the child is dismissed from school for the school’s spring vacation and ending at 6 p.m. on the day before school resumes after that vacation; (3) if the possessory conservator:

(A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or

(B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27;

(4) if the managing conservator gives the possessory conservator written notice by April 15 of each year the managing conservator shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and

(5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do not interfere with the possessory conservator’s period or periods of extended summer possession or with Father’s Day if the possessory conservator is the father of the child.

§ 153.314. Holiday Possession Unaffected by Distance Parents Reside Apart.

The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. The possessory conservator and the managing conservator shall have rights of possession of the child as follows:

(1) the possessory conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26, and the managing conservator shall have possession for the same period in odd-numbered years;

(2) the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 26 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years;

(3) the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years;

(4) the parent not otherwise entitled under this standard order to present possession of a child on the child’s birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator entitled to possession and returns the child to that same place;

(5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father’s Day and ending on Father’s Day at 6 p.m., provided that, if he is not otherwise entitled under this standard order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; and

(6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother’s Day and ending on Mother’s Day at 6 p.m., provided that, if she is not otherwise entitled under this standard order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place.

§ 153.315. Weekend Possession Extended by Holiday.

(a) If a weekend period of possession of the possessory conservator coincides with a school holiday during the regular school term or with a federal, state, or local holiday during the summer months in which school is not in session, the weekend possession shall end at 6 p.m. on a Monday holiday or school holiday or shall begin at 6 p.m. Thursday for a Friday holiday or school holiday, as applicable.

(b) At the possessory conservator’s election, made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, periods of possession extended by a holiday may begin at the time the child’s school is regularly dismissed.

Child Support

Child support in Texas is based on your net resources.  The deductions allowed and the calculations can be found at https://www.oag.state.tx.us/cs/attorneys/attorneys_other_tax.shtml.  The child support is then times by a percentage based on the children that the obligor has a duty to support.  A good online calculator may be found at http://www.co.travis.tx.us/records_communication/law_library/pdfs/calculator.pdf

Health Insurance

One of the parents will be obligated to provide health insurance on the children.  This is usually the parent who pays the child support.  The parties typically split co-pays and deducible 50-50.  This is one area the judge may order the oblige to provide the health insurance and the obligor reimburse cash medical.

About the Author

Michael Busby Jr. is a divorce, family law, &  Harris County Child Custody Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law,  divorce, & Harris County Child Custody questions  in Harris County Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

Harris County Child Custody Lawyer also would be applicable to the following communities within the greater Houston, Texas Area: Houston, Katy, Sugarland, Pearland, Friendswood, Clear Lake and Galveston.  We also handle cases from The Woodlands, Spring and Tomball and cases in Baytown,  Channelview.Alvin, Baytown, Beasley, Bellaire, Brookshire, Channelview, Clear Lake, Clearlake, College Station, Conroe, Dayton, East Bernard, Fairfax, Friendswood, Fulshear, Galleria, Greatwood, Hockley, Houston, Humble, Jersey Village, Kingwood, League City, La Marque, Orchard, Magnolia, Meadows Place, Meyerland, Missouri City, Needville, Pasadena, Pecan Grove, Pearland, Richmond, River Oaks, Rosenberg, Sealy, Sharpstown, Shenandoah, Simonton, Southside Place, Spring, Spring Branch, Spring Valley, Stafford, Sweetwater, Tanglewood, Texas City, Tomball, West University, Valley Lodge

Author:

I am a member of the State Bar of Texas, the Houston Bar Association, the Houston Association of Debtor's Attorneys and I am admitted to practice in the Federal Courts in the Southern District of Texas. I have three children and a wife. I have been married for over 20 years. I spent 4 years in the USMC from 1989 to 1993. I spent another 4 years from 1993 to 1997 in the National Guard for the states of Arkansas, Oklahoma, and North Carolina. Prior to becoming an attorney in 2002, I was a licensed funeral director in Oklahoma and North Carolina. I enlisted in the United States Marine Corps and served as a Field Artillery Cannoner from 1989 to 1993. I received my Bachelor of Science degree with honors from the University of Central Oklahoma in 1996. I graduated from South Texas College of Law in Houston, Texas. I am a member of the Phi Delta Phi International Law fraternity and authored an international law legal article in a law journal published by South Texas College of Law. I have been faithfully married for 18 years and is the proud father of two daughters, Viktoria and Hannah Busby and father of Willam Maximus "Billy Max" Busby.