Protecting What Matters Most: Your Children
Whenever a marriage dissolves there will be fallout. Sometimes this fallout is rearranging schedules and moving to a new house in the area. Other times a divorce can mean significant changes to the way you parent, the options your child has and your lifestyle as a family. At Huckaby Hicks PLLC, we want to make this transition as smooth as possible. Above all else, we are warriors for the safety and well-being of your child. Turn to us for personal, compassionate and assertive legal representation in divorce, child custody and support matters.
Establishing Child Support And Paternity
Often, the beginning of child custody proceedings starts with establishing paternity. This happens most often with couples who were not married at the time their child was born. It can also happen if there were other relationships outside of the marriage or if there were breaks in the marital relationship. If a pregnancy happens during a separation or divorce, this may be a cause to determine paternity.
Paternity or biological fatherhood, is an integral matter related to the best interest of the child. This is for three main reasons:
- A child needs to know their true medical history
- A child needs to know who their father is for identity and bonding purposes
- A child is entitled to fiscal support from both parents until the child graduates from high school or turns 18
Once a child’s biological parents are known to the court, the focus shifts to calculating net resources, medical support and ensuring procedures are established for a consistent and timely payment schedule. Texas child support is based on a number of factors including custody, income and ability to pay. There is a formula used by the court to determine how much child support will be paid and most courts will stick to this formula unless there is solid and convincing reason and evidence not to. As attorneys experienced with many facets of Texas family law matters, we are prepared to assist in your child support calculations and ensure that each parent complies with the court orders, the Texas Office of the Attorney General procedures as well as any local domestic relations office.
Conservatorship And Custody Disputes
We always strive to avoid disagreements about parenting time. However, there are some cases where disagreements will arise. The first priority is always to do what is best for the child. The state takes the position, typically, that it is in the best interest of the child to have both parents involved in child rearing. Unless there are mitigating circumstances such as abuse, addiction, mental health or other risks, it is likely that both parents will be granted possession.
We are prepared to help you establish custody orders. We understand the different types of legal conservatorship available to facilitate a co-parenting relationship.
In Texas, the courts use these terms:
- Conservatorship means custody: this can be sole or joint between parents
- Possession means the right to control what the child does and where the child goes: spending a day or weekend with one parent
- Access means visitation or the right to approach and communicate with the child: access may mean supervised visits
The court will issue a Standard Possession Order (SPO) that details when, where, who and how possession and access will take place.
As skilled and experienced attorneys, we understand the presumptions surrounding conservatorship, possession and access as well as the legal factors relating to the best interest of the child. We believe that successful co-parenting begins with a clear understanding of each parent’s rights and duties, and we can assist you in designing a legal plan that prioritizes the well-being of the children.
Start The Custody Discussion
We know that major changes in life, such as a divorce, can be unnerving. We are here to offer guidance and support. We want you to understand the process and all your options. Call 737-309-2231 and arrange a consultation with us. You can also reach our team by using our online contact form. In Buda, we serve family law clients throughout Central Texas including Travis, Williamson, Hays, Caldwell, Comal, Burnet, Llano and Bastrop counties.