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Divorce and Your Child
Learn How Our McKinney Divorce Lawyers Can Assist with All of Your Child-Related Issues
When going through a divorce, many of the most-difficult aspects of the process relate to issues that impact your children. This includes both legal and emotional aspects, and protecting your children’s best interests will understandably take precedence over many other considerations. As a McKinney divorce law firm, we routinely represent divorcing parents for whom preserving their relationship with their children is their top priority.
When it comes to the child-related aspects of a divorce – parenting time (or “conservatorship”) and child support – Texas law provides a significant amount of guidance. Parenting time considerations must reflect Texas’s statutory “best interests” factors, and most child support calculations must adhere to the Texas Child Support Guidelines. However, there is still plenty of room for parents to take their own desires and preferences into account, and making informed decisions requires introspective consideration of your own personal, family and financial circumstances.
Parenting Time (or “Conservatorship”) and Parental Rights in Texas
In Texas, there are two separate aspects of “conservatorship” (more commonly known as custody): managing conservatorship and possessory conservatorship. Managing conservatorship refers to the right to make important decisions affecting your children’s lives, while possessory conservatorship refers to parenting time, or your daily or weekly custody and visitation schedule. Both are important, and both require you and your spouse to make decisions with your children’s best interests in mind.
Whether you are currently a stay-at-home parent or you work full time, you have the right to maintain a close relationship with your child. Likewise, Texas law does not inherently favor either parent in conservatorship matters. Weekend visitation schedules, equal parenting time, and co-parenting are all options in Texas; and, ultimately, you and your spouse will need to agree on a plan that works well for everyone involved. Our McKinney family attorneys can help you create an appropriate plan.
Child Support in Texas
When calculating child support, most parents will need to utilize the relevant formula under the Texas Child Support Guidelines. Both parents have a legal obligation to provide financial support for their children; and, in a divorce, this obligation is formalized through a child support order. When calculating each parent’s ability to pay, all sources of income are considered, and the parents’ respective post-divorce custody rights can play a role as well.
Protecting Your Children During the Divorce Process
The divorce process can take a toll on everyone involved, your children included. As you prepare for the divorce process, it is important to consider how the process will impact your children. Generally speaking, all discussions regarding your divorce should take place in your children’s absence, and you may want to plan talks with your children to explain what is going on, explore their feelings, and help them understand how your divorce will impact their lives. For more child-related considerations, you can read Helping Your Child Through a Divorce from KidsHealth.org.
Speak with Our Attorneys for Free
Are you preparing to go through a divorce with children? If so, our divorce and family attorneys can help you begin the planning process. To request a free and confidential consultation, call us at 214-726-1450 or send us your contact information online today.