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Rudd Legal Child Custody & Support

Prosper Child Custody & Support Lawyer

The child-related issues involved in Texas divorce and separation include both child custody and child support.

 Child custody in Texas family law refers to the legal rights and responsibilities that divorced, separated, or unmarried biological parents have towards their children. The primary goal of the courts in Texas is to ensure that the best interests of the child are met in custody proceedings. Multiple potential arrangements can be reached, and various factors are considered when determining child custody.

Child support is mandated by Texas law; it involves the legal obligation that requires “non-custodial” parents to provide financial assistance to the primary or “custodial” parent for the care and upbringing of their child(ren). The purpose of child support is to ensure that the child's basic needs, such as food, clothing, shelter, education, and healthcare, are met.

These child-related matters are extremely important and often divisive issues confronting parents. At Rudd Legal, we have helped hundreds of parents resolve these crucial issues through the Texas family courts. Whether through negotiation, mediation, or litigation, our firm gives your case the attention, preparation, and commitment you need and deserve. Our goal is to help you reach favorable outcomes that protect your parental rights while aligning with the court’s legal standard of the child’s best interests.

Book a confidential consultation with our Prosper child custody and support attorney by connecting with usat (833) 372-0569

Protecting Your Child's Best Interests in Custody Cases

At Rudd Legal, we understand that child custody cases can be emotionally challenging and complex. Our experienced child custody lawyers in Prosper, TX are dedicated to advocating for the best interests of your child and helping you navigate the legal process with compassion and expertise.

When it comes to child custody, it's important to consider:

  • The child's age, needs, and preferences
  • The ability of each parent to provide a stable and nurturing environment
  • The history of each parent's involvement in the child's life
  • The willingness of each parent to cooperate and foster a positive co-parenting relationship

Our team will work closely with you to understand your unique situation and develop a personalized legal strategy to protect your child's well-being. We will guide you through negotiations, mediation, or litigation to achieve a custody arrangement that is in the best interest of your child.

Contact Rudd Legal today to schedule a consultation with our experienced family law attorney and get the trusted legal advocacy your family deserves.

Commonly Asked Questions

What factors are considered when determining child custody in Texas?

When determining child custody in Texas, the courts consider various factors such as the child's emotional and physical needs, the ability of each parent to provide for those needs, the child's relationship with each parent, the stability of each parent's home environment, and the child's preferences if they are old enough to express them.

Can grandparents get custody of their grandchildren in Texas?

Yes, grandparents can seek custody of their grandchildren in Texas under certain circumstances. Texas law allows grandparents to file for custody if the child's parents are deceased, if the child has been abused or neglected, or if the child has lived with the grandparents for at least six months.

What is the difference between joint custody and sole custody?

Joint custody, also known as shared custody, means that both parents have equal rights and responsibilities for the child. They share decision-making authority and parenting time. Sole custody, on the other hand, means that one parent has primary physical and legal custody of the child, while the other parent may have visitation rights.

Can child custody orders be modified?

Yes, child custody orders can be modified in Texas if there has been a significant change in circumstances since the original order was issued. Examples of significant changes may include a parent's relocation, a change in the child's needs, or a parent's inability to fulfill their custodial responsibilities. A court will consider the best interests of the child when deciding whether to modify a custody order.

What is the role of mediation in child custody cases?

Mediation is a process where a neutral third party helps parents reach a mutually acceptable agreement on child custody and visitation. It can be a less adversarial and more cooperative approach to resolving custody disputes. Mediation can help parents communicate effectively, consider the child's best interests, and create a parenting plan that works for both parties.

Overview of Texas Child Custody 

Child custody involves two basic categories that can result in various arrangements between parents, although the courts favor agreements that allow children to have a continuing, frequent, and meaningful relationship with both parents. This agreement is seen as the most beneficial for children going forward after the stress of the breakup of the family unit. 

Only in cases where a parent has a history of domestic violence, abuse, or neglect would courts deny a parent his or her right to access or legal authority over a child. 

In Texas, custody includes:

  • Conservatorship: This refers to the decision-making rights and duties of the parents. Parents can be designated as joint managing conservators (both parents share decision-making rights), or one parent can be the sole managing conservator (only one parent has decision-making rights).
  • Possession and Access: This refers to the physical custody and visitation schedule for the child. Possession and access can be divided in various ways, such as standard possession orders (SPO), expanded standard possession orders (ESPO), or customized possession schedules based on the specific needs of the child and the parents.
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Standard Possession Orders

Standard Possession Orders outline the specific times and conditions under which the non-custodial parent can have possession of and access to their child. The SPO is designed to provide a basic framework for possession and access that is considered fair and reasonable for both parents. It generally provides details as to how weekends, holidays, summer vacations, and other specific events will be arranged. It is intended as a starting point.

Parents can agree on different possession schedules or request the court to modify the SPO as long as it remains in the child’s best interests. Additionally, ESPOs can be made that allow the non-custodial parent to have more extended periods of possession, such as picking up the child when school is dismissed on Fridays and returning the child to school on Mondays. 

Overview of Texas Child Support

In Texas, child support is calculated using specific guidelines established by the state. The guidelines consider the non-custodial parent's income and the number of children being supported. The parent’s net resources are used to determine child support obligations.

The general rule for such net-resources support is as follows:

  • 20% for one child
  • 25% for two children
  • 30% for three children
  • 35% for four children
  • 40% for five children
  • Not less than 40% for six or more children

It's important to note that these percentages are guidelines, and the court has the discretion to deviate from them if it's deemed to be in the best interest of the child. Factors that may influence the court's decision can include the child’s age and needs, each parent’s financial resources and earning capacity, the amount of time each parent spends with the child, any special needs or expenses that the child may have, and other factors brought to the attention of the court. 

Child support payments are typically paid through the Texas State Disbursement Unit (SDU) and can be enforced by the Office of the Attorney General's Child Support Division if non-custodial parents fail to meet their obligations.

In Texas, child support usually continues until the child turns 18 or graduates from high school, whichever occurs later. However, if the child has a disability that prevents them from becoming self-supporting, child support may continue indefinitely.

Consult with Our Experienced Family Law Attorney

The legal process for determining child custody as well as child support can be complex. To ensure that your case is resolved in a fair and just manner and that your parental rights and interests are protected while ensuring your child’s best interests, we strongly encourage you to turn to Rudd Legal. 

Take advantage of our attention to detail, strong legal skills, and invaluable experience that can only be gained through a practice devoted exclusively to Texas family law

Five-Star Client Testimonials

We prioritize your family's experience, and it shows. Read some of our client reviews below.
    "Can't Recommend Them Enough!"

    Blake and Erin are professional, meticulous, and above all care deeply about their clients. The counsel that I received from Blake proved to be invaluable time and time again. They simply care about the clients not just in the beginning but throughout the

    - Raja R.
    "Compassionate and Knowledgeable"

    Blake's knowledge of the law and the legal system has been useful in handling family law matters. More important than his legal skills, is his knowing when not to be a lawyer and just be a resource on how to deal with the real-life implications and emotion

    - Robert T.
    "We'd Follow This Team Anywhere!"

    Blake is by far the best! He truly cares about our family and understands the ins and outs of family law. With so much at stake, we really didn’t want a lawyer that didn’t have our best interests at heart. He invested his everything into our ca

    - Colton W.
    "A Great Communicator"

    Blake was a great representation during a really tough time in my life. He was a great communicator and showed real care for my case. Very personable and compassionate, he fought every step of the way to help me. Throughout the process, he was always there

    - Ryan B.
    "Top-Notch Team"

    Blake and his team are top-notch and stand by their word. They reassured me of every worry and were very detailed with every action they took. These cases can be prolonged due to the opposing counsel and unlike other lawyers, they worked with me and found

    - Jorge G.
    "Very Well Worth the Money"

    The Rudd Legal team is very professional, family-oriented, and hard-working. They are very well worth the money. They won my case for me in a short period of time by how fast they worked and how knowledgeable they are and my cooperation.

    - Kyle K.
    "They Want to Help and Truly Understand"

    Rudd Legal and team were absolutely professional from day one! Blake is very fast to respond and a complete professional! The best thing about Rudd Legal and team is that it’s not just about billing their clients... they want to help and truly unders

    - Donny H.
    "They Were Awesome"

    If I could give more than 5 stars, I would! Blake and Erin are the utmost professional and polite legal team I have ever come across. They were on point with my son's case and handled everything in a very timely manner. They helped my son gain full custody

    - Tammy K.

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