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Under TX child custody laws, will court automatically grant wife custody of our 1 year old son

Asked over 3 years ago - Houston, TX

Wife and I were students in Houston, been married for 2 years and moved to Beaumont 2 months ago for new jobs, we each have graduate degrees and do well. Only have student loan debts and hardly any assets.

If we get divorced, my wife claims that she will get full custody of our 1 year old son. She claims she can move anywhere in Texas that she desires, with my son.. leaving me to be responsible for complete child support.

This has to be wrong? Who decides where we end up staying in.. and how will that work for me and my son?

Scared.

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Attorney answers (1)

Fran Brochstein

Reputation Level 15

Answered over 3 years ago. Mediation Attorney in Houston, TX.

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You need to consult an attorney NOW!

If you are active in the child's life, many courts will require her to stay in the county or a county touching the county you live in.

I don't understand what the term "full custody" means to you. In Texas, most courts say the parties have "joint conservatorship" of the child.

There are 3 sets of rights & duties regarding the child --

one set is 24/7 for both of you (the right to go to school functions);
one set is when you have the child in your possession (the right and duty to feed, clothe and shelter them)
and the 3rd set of rights and duties can be for both parents or just one parent.

You obviously want the 3rd sets of rights and duties to include you for many of them.

You can go on-line and read the Houston Bar Association's free pamphlet under "for the public" under their publications about family law.

You can also read the Texas Family Code which is also available on-line.

The Texas Attorney General website for families might also help you.

Good luck!

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Other answers (1)

Kathleen R. Robbins

Answered by a user, over 3 years ago.

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You need an attorney to protect your parental rights.

The Texas legislature states that it is the policy of Texas that children have frequent contact with both parents to the extent possible.

The family code in Texas sets out specific visitation times and holiday times for the parent that the child does not live with. Whatever the parents agree to in terms of visitation is fine, but if the parents cannot agree then the code sets out the visitation and it is court ordered.

In Harris County (Houston) the judges most often restrict distance the parent who has the child can move is within Harris County and contiguous counties. If mom wanted to move further, unless you agreed, she would need permission from the court or she would be in violation of the court order.

When you get divorced, under Texas law, the parents will both be equally considered to be the parent that the child resides with. You would have to show through testimony and documentation what you do on a daily basis for your chil's care. The decision is made for the best interest of the child.

Child support according to the guidelines in the family code for one child is 20% of your net (take home) income. It is assumed that the parent the child is living with spends at least 20% of their net income for the benefit of the child as well. This includes rent/mortgage, utilities, car note, gas, food, clothing, daycare, medical care.

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