Areas of Practice | Family Law

Child Custody & Child Support

Custody of children is often the hot-button issue in divorce, and unchecked emotions can escalate matters quickly. The Law Office of Kyle Whitaker aims for workable resolutions in the best interests of your child, without surrendering your own best interests. Should your case end up in court, you have an experienced trial lawyer on your side. Kyle offers experience, representing divorcing parents and never-married parents in all child custody and visitation issues. The presumption of Texas family courts is that both parents should have as much contact as possible with their children after divorce. The old terminology of "custody and visitation" has changed, but the issues are much the same. The judge will establish either: Joint managing conservatorship (JMC) — This gives one parent the exclusive right to determine primary residence of the child and exclusive right to receive child support, but both parents retain joint input on medical, educational, and legal issues.

Sole managing conservatorship (SMC) — This grants "full custody" to one parent, as when the other is in jail, chemically dependent, or abusive to the child. The SMC parent makes all decisions on behalf of the child, but the other parent (possessory conservatorship) retains rights to visitation and information about the child's education and welfare.

In a JMC, the non-primary parent is granted a visitation possession order, and required to contribute child support, health insurance, and other financial assistance until the child turns 18 or graduates from high school (whichever is later). In determining the primary conservator, the court applies a "best interests of the child" test. Access to quality schools, the parents' employment, and the child's preference (if 12 years or older) all might be considered.

In establishing a JMC, the court typically places a domicile restriction on the primary parent. Most commonly, it prohibits that parent from relocating outside of Tarrant County (or Tarrant and its contiguous counties) with the children. In a common scenario, the woman moves to Texas to marry, but finds she cannot move back home with the kids after divorce, stuck here until the child turns 18. Modification hearings to petition for or contest relocations, even if primary custody was granted without regard to domicile, are sticky matters. However, if you retain a lawyer with a combination of skill, creativity, and experience, the court may perhaps consider a departure from these general rules.

Divorce
Child Custody and Child Support
Modification of the Divorce Decree or Order
Enforcement of Child Support or Visitation