5 Child Custody Questions You Never Thought to Ask

If you’re a parent who is considering divorce, you probably have many child custody questions. The best way to get those questions answered is with a consultation with a family law attorney. Finding a family-focused lawyer with proven experience in cases like yours can give you peace of mind. Here are a few child custody questions you may not have thought of:

  1. Who decides child custody if my ex and I can’t agree? Texas courts use the term “conservatorship” to indicate who will be making major decisions for the child. A judge can grant sole managing conservatorship or joint managing conservatorship, depending on the individual case. If your child is over the age of 12, they may have a say in which parent they will live with.
  2. Can I deny my ex visitation if they aren’t paying child support? Child support and visitation are separate issues. Texas courts seek to give both parents access to the child unless the parent is unfit in some way.
  3. Will my sole managing conservatorship status be challenged when my spouse gets out of jail? Every case is different, which is why child custody questions are best answered by a family law attorney. If your ex has been violent, has a drug addiction, or is in extreme conflict with you, there’s a good chance of you retaining sole conservatorship.
  4. Do I have to force my child into visitation with my ex if they don’t want to go? The answer to this may depend on your child’s reasons for wanting to avoid the other parent. A family law attorney who is familiar with your case can help determine whether your child must be made available for visitation.
  5. Will my child be required to testify in a custody hearing? Probably not. Child custody questions can generally be decided without a child’s testimony, and courts are loathe to require it.

Since no two cases are the same, a family law attorney can be your best ally in assessing the best interests of your child.

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