What would happen if my husband were to obtain custody?

Your question does not contain enough information to answer it correctly. However, I can advise you of some of the basic information regarding a divorce with children.

In Texas, the standard type of conservatorship is Joint Managing Conservatorship. This means that each parent has equal rights and duties over the child(ren). However, one parent is typically named the primary parent. The primary parent typically receives child support, medical support, and gets to pick where the child lives. Some counties, such as Denton, have automatic geographical restrictions limiting where the parent can live with the child. The parent that is not named the primary parent is typically seen as the visiting parent. The State of Texas has 2 options for the visiting parent regarding the visitation with the child(ren). However, any type of visitation can be structured if both parties agree. If there is no agreement, the standard visits are from 6 pm on Friday through 6 pm on Sunday beginning on the 1st, 3rd, and 5th Fridays of every month. During the school year, the visiting parent also gets 6 pm to 8 pm on Thursday nights. Of course, there are rules in place to handle holidays, the summer, spring break, etc... The other option that is in the Texas Family Code is extended standard. Instead of 6 pm, the visiting parent can get the child from the minute the child gets out of school until the minute the child has to return to school on Monday.

Again, a different visitation schedule can be created as long as both you and your husband can come to an agreement. The easiest divorce is the one where you and the husband negotiate all the terms instead of leaving the decisions to a judge.

Child support, if ordered, will be 20% for the first child and 5% for each additional child up to a maximum of 40%. The child support is calculated from a person's net resources. Net resources is calculated by taking the gross pay and subtracting federal taxes, social security and Medicare. If the parent paying child support also pays for the health insurance, this can be deducted from the net resources as well.

I hope this somewhat answers your question.

For educational purposes only. No attorney-client relationship was created by this communication.