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Why It’s Important to Establish Child Custody

Why It’s Important to Establish Child Custody

When you have a child with someone but you’re no longer with that person, you’ll need to learn why it’s important to establish child custody. Then, with the help of a family lawyer, you can attempt to work out a favorable custody and child support agreement that will be in the best interest of your child. 

Boudreaux Hunter & Associates, LLC are certified in mediation, take a team approach to ensure their clients reach solutions that work for their families, and are devoted entirely to the practice of family law. We are fierce advocates for our clients and we’d be happy to help you when it comes to establishing custody of your child. Get in touch with us now for an initial consultation. 

Why You Need to Establish Custody

When you’re getting divorced or splitting up with the other parent of your child, it’s critical to work out a custody agreement. This way, the child will go with the parent who can take better care of them at this time, and/or they will be able to spend time with both parents. They’ll also receive the financial support they need from the non-custodial parent through child support. This ensures that the other parent won’t have to worry about how they’re going to afford the child’s needs.

The types of custody in Texas are joint managing conservators, sole managing conservator, and possessory conservator.  The presumption in Texas is that the parents will be joint managing conservators and will share in making decisions about the child and work together to co-parent the child. 

What Factors Determine Who Gets Custody

If the parents cannot come to agreements regarding conservatorship, then a family court judge will decide who gets custody. The court will take into account what both parents want, and could factor in what the child wants if they are older. The process is easier if parents agree ahead of time on an arrangement. They may want to do this through mediation. The court may also consider the child’s wishes depending on their age.

The relationship that each parent has with the child, along with factors like whether or not a parent works, if they are physically, mentally, and emotionally healthy, and where they live are all important factors. For instance, if one parent has a serious mental health condition and they cannot properly care for their child, then the other parent may get custody.

If you have a bad relationship with your child’s other parent, you should always be on your best behavior when communicating with them. If you’re not, it could be used against you in your case. It’s much more impressive to a judge if you are able to act in a civil manner towards each other. It also shows the judge that you are trying to co-parent with the other parent.

If the court determines that you owe child support to the other parent, always pay it on time. If you don’t, then the Office of the Attorney General (OAG) in Texas could enforce your child support order. This could result in a number of things. Your passport could get denied. You may lose your driver’s license. A lien could be filed on your bank accounts and other assets. And if you’re in contempt, you could even go to jail. When you’re trying to get custody or visitation rights, not paying child support could really hurt your case.

How to Modify a Child Custody or Child Support Agreement

You may not be happy with your child custody agreement. Perhaps you want to spend more time with your child. Maybe, circumstances have changed since you first worked out the agreement and now, you’re in a good place to have custody of your child.

If at any point you lose your job or assets or your situation changes in any other way, you can always request to modify your child support. Make sure you keep paying it until the court officially modifies it.  Get in touch with a family lawyer to help you change it.

Even if you have a valid reason, if you just stop paying child support, then it could have a negative impact on your child custody agreement. If you cannot pay the full amount, be in touch with the other child’s parent and let them know why, and pay as much as you can in the meantime. 

Contact Boudreaux Hunter & Associates, LLC

When you’re trying to establish child custody or modify your current child custody or support agreement, you can get in touch with Boudreaux Hunter & Associates, LLC for help. We’ll work hand in hand with you on your child custody case and be your support in your time of need. Make sure you get in touch online or by calling us at (713) 333-4430. We look forward to helping you.

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