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Conroe Child Custody, Support and Visitation Lawyer

Smith & Garg - Conroe Child Custody Lawyers

If you are facing a divorce from a marriage that has produced children, your thoughts are no doubt centered on your child or children. Don't give in to the fear of losing them, as you do have rights, and these rights can be explained by a Conroe child custody lawyer at Smith & Garg. Generally, Texas courts follow a relatively standard equation when it comes to custody, but in order to ensure that your rights are protected in this regard, you'll need the experience and zealous representation of a Conroe child custody lawyer.

Technically speaking, there is no such thing as sole custody in Texas, as this would imply that all rights, duties and powers of the child or children lie with one parent.  Both parents have equal rights, duties and powers with regards to the health, education, and general welfare of their child or children.  However, the child typically lives with one parent, who is called the sole managing conservator and the non-custodial parent is called the possessory conservator.  Although both parents generally have equal rights, there are some rights and duties which are exclusive to the sole managing conservator.  As an aside, when the child turns age 12, he or she may choose which parent he or she would like to live with.

No matter what the results of a custody suit may entail, you will still most likely have basic visitation rights with your children. Usually, a court in Texas will allow for the non-custodial parent to take care of the children one night per week and every other weekend, and vacations and holidays are usually split. However, without the help of a Conroe visitation attorney from Smith & Garg, you're taking a great risk by attempting to work this out by yourself. Our Conroe visitation lawyers understand the rights due to you and the laws that govern this situation, so contact us to find out how to proceed.

Sometimes, circumstances arise where you will need to enforce the custody order, because a parent is violating the custody order.  Typically this occurs when the possessory conservator does not return the child or children to the sole managing conservator.  In facing such a situation, you should contact the child custody enforcement lawyers at Smith & Garg, who are experienced and familiar with habeas corpus actions, which can be used to recover immediate possession of the child.  Also, there may be tort liability for interference with child custody, which could be either the sole managing conservator or the possessory conservator.  Thus, tort liability can be imposed not only if the noncustodial parent kidnaps the child, but also if the custodial parent withholds or conceals the child from the possessory conservator who has visitation rights.  Of course, criminal liability is a possibility, as well as contempt.

Smith & Garg - Conroe Child Support Lawyers

If you are in a position where you will not have primary custody of your children, you will be facing the liability of ongoing child support.  This obligation will continue until the child has graduated with a high school diploma, until they are 18 years of age if they are not attending a school program leading to a high school diploma or if they are mentally or physically disabled, or until he or she gets married.  It's quite probable that you want to do the right thing for your children, but in order to make sure that the law is explained to you properly, you'll need the help of a Conroe child support lawyer.

In determining the proper level of child support, the court is directed to consider the statutory guidelines, the needs of the child, the ability of the parents to contribute, any financial resources available for support of the child, and the amount of possession and access to the child or children.  The courts in Texas generally follow a mathematical equation for support based on income. More specifically, a fixed percentage of the obligor's (the party responsible for child support) net resources, taking into account the number of children involved.  There is a rebuttable presumption that a support order tied to these percentages is reasonable and in the child's best interest.  To deviate from the prescribed percentages, the court must make specific findings as to the reasons that justify the deviation.  The following are the guidelines used in Montgomery County, Conroe, and Spring:

The statutory guidelines apply to the obligor's first $6000.00 of net resources.  If the obligor's net resources exceed $6000.00/month, the court may order additional support depending on the income of the parties and the proven needs of the child or children.  If the obligor parent has children in more than one household, in applying the guidelines the existence of the other children is taken into account pursuant to a very complicated formula involving a child support credit.
Child support issues can get complex and only a Conroe child support lawyer from Smith & Garg will be able to fight for your rights in this regard.

Smith & Garg - Conroe Visitation Lawyers

The result of your custody battle notwithstanding, you'll still most likely have basic visitation rights with your children. Usually, a court in Texas will allow for the non-custodial parent to take care of the children one night per week and every other weekend, and vacations and holidays are usually split. However, without the help of a Conroe visitation lawyer from Smith & Garg, you're taking a great risk by attempting to work this out by yourself. Our Conroe visitation lawyers understand the rights due to you and the laws that govern this situation, so contact us to find out how to proceed.

Overall, facing a divorce with children involved is about as stressful a situation as you'll ever face. Don't allow your emotions to cloud your judgment. Contact the attorneys at Smith & Garg today to learn about all of your child-related rights and begin the process of protecting your role in their lives in the future.

Please contact our office to see how we can assist you. Learn more about our Areas of Practice.

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If you are in the process of getting a divorce or have already been served with divorce papers, you need the help of a competent and aggressive Conroe Divorce Attorney or a Spring Divorce Attorney.  Contact the Montgomery County, Texas Divorce attorneys at Smith & Garg today to schedule a consultation.