You have probably heard some of these Myths when it comes to child custody cases. No one can ever be 100% prepared for what is to come during a custody dispute, but these myths shouldn't keep a parent from fighting for their parental rights.

Chapters:
00:00 – What Myths?
00:20 – No Child Support, No Visitation
02:24 – I’m fighting for “Full Custody” of My Kids!
04:38 – Sex and Marriage Myths
06:05 – Other Myths?

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Clients always have preconceived notions of what the laws are when it comes to child custody disputes. Unfortunately, some of their notions are nothing more than common myths.

This week we will take the time to dispel a few of the most common “myths” we encounter in our law practice.

I Want “Full Custody” of My Kids.

There is always some confusion when custody of children is involved. There is no such thing in Texas as “full custody.” Under Texas law, we use the terms “conservatorship” and “possession and access,” which concerns a parent’s rights, duties, and visitation time with the children.

Conservatorship deals solely with the rights and duties of each parent in regards to the child; for example, the duty to pay child support, the right to make decisions concerning the child’s education and healthcare, etc. A parent may be appointed as a sole managing conservator, a joint managing conservator, or a possessory conservator.

—See Tex. Fam. Code §§ 153.073-153.076

A sole managing conservator is granted the right to make key decisions concerning the child without consulting the other parent first. Joint managing conservators must make decisions together and consult with the other parent, to the extent possible, before making any major decisions concerning the child. Both are entitled to possession of and access to the child as ordered by the court.

—See Appointment of Sole or Joint Managing Conservator – Tex. Fam. Code §153.005

—See Rights and Duties of Parent Appointed Sole Managing Conservator – Tex. Fam. Code §153.132

Possession and access on the other hand, concerns a parent’s right to spend time with their child. It is the public policy of Texas to ensure that all parents who have shown that they can act in the best interest of the children have continuing contact with their child. There is a rebuttable presumption under Texas law that it is in the best interest of the child that the parents be appointed managing conservators of the child. If it is determined by a court that a parent should not be appointed as managing conservator it is then presumed they should be appointed as a possessory conservator.

—See Public Policy – Tex. Fam. Code §153.001

—See Presumption that Parent to be Appointed Managing Conservator – Tex. Fam. Code §153.131

—See Presumption that Parent to be Appointed Possessory Conservator – Tex. Fam. Code §153.191

In most instances, a person who is seeking “full custody” is seeking the right to make decisions for the child, and to spend the most time with the child. Therefore, they are seeking primary conservatorship as well as the right have the child live with them.

No Child Support, No Visitation

We often get calls from individuals who have been denied visitation because they didn’t pay their child support or who want to withhold child support because their ex won’t let them see their children. In Texas, child support and visitation are two separate beasts and are in no way dependent on each other.

—See Public Policy – Tex. Fam. Code § 153.001

Any violations of a court order regarding child support or visitation may be enforced against the parent at fault. If a parent is withholding visitation, the other parent can seek criminal and civil contempt against that parent and request jail time, probation, and/or fines (including attorney’s fees). Similarly, if a parent is not paying child support, the other parent’s remedy is to seek enforcement, and punishment such as contempt, fines and jail time.

—See Motion for Enforcement – Tex. Fam. Code § 157.001

It is important to note, that if a court finds that a parent has failed to make child support payments as ordered or has prohibited visitation with the child, the court SHALL (must) order the person in violation to pay the reasonable attorney’s fees of the other parent, as well as court costs. A separate child support payment will be ordered, in addition to the current support payment, to allow that parent to make up the any child support arrears they now owe.

—See Respondent to Pay Attorney’s Fees and Costs – Tex. Fam. Code § 157.167

—See Confirmation of Arrearages – Tex. Fam. Code § 157.263

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