CHILD SUPPORT

Custody issues in Texas generally fall into two categories: "rights and duties" concerning the child and possession schedules.

There are certain rights and duties that all parents have such as the right to receive information about the child and the duty to support the child. There are also certain duties that a parent might have when the child is with that parent such as the right to direct the moral and religious upbringing of the child.

There are also several rights and duties that parents frequently argue over. The main one is the right to designate the primary residence of the child. In addition, parents disagree as to which parent has the right to make educational decisions and health care decisions for the child. These rights can be shared (except for right to designate the primary residence) or one party can have the right subject to the agreement of the other party. This flexibility gives family law attorneys the opportunity to find creative solutions to many arguments.

Significant disagreements can also arise over the possession schedule for the child. The "standard possession order" provides for the "possessory" parent to have about 43 percent of the time with the child. For some people, that is not enough; for others, that is too much. In addition, some occupations, such as police officer or airline pilot, demand a very customized possession order.

There are numerable instances where you might want to be creative in structuring a possession schedule. Perhaps you want to try to have a 50/50 schedule. Most people do not "think outside the box" and, as a result, end up with something that is tried and true, but that is definitely not creative. We are ready to present you with options and we can effectively argue your positions. No one can predict what a judge will actually do, but if this is important to you, that should not stop you from trying. Your facts may be the ones that are persuasive to a judge or jury.

At the Bob Leonard Law Group, our attorneys have experience in drafting creative solutions and, if the parties do not agree, in arguing for the best solution for our clients.