5 Things You Need to Know About Child Custody

ByMarci Martinez
5 things you need to know
5-things-you-need-to-know

Child custody is often the most sensitive issue in a divorce or family law case. A Denton County divorce lawyer can help you sort out the issues regarding child custody and help the divorce process go a lot smoother.

Here are five things you should know:

1. Legal custody and physical custody are different.

Legal custody refers to the decision-making ability of both parents when it comes to issues concerning the child. Physical custody refers to the time a parent spends with the child.

2.

The non-custodial parent doesn’t always pay the custodial parent child support.

There are many factors that determine who pays child support, including the income of both parties and how much time is spent with the child. In 50/50 custody situations where both parties make a similar income, child support may not be awarded to either party.

A family lawyer in Texas can explain all the ins and outs of child support in full detail.

3. Child support can only be readjusted under certain circumstances.

Once it’s determined if child support will be awarded to either party, modifying child support depends on several factors, including:

  • How much time has passed.
  • Whether visitation has changed.
  • Whether one party’s income has increased by 15%.

4. There are many visitation schedules to choose from.

While more and more judges are awarding 50/50 custody, there are some circumstances where this isn’t in the best interest of the child. Some visitation schedules may be less equal or one parent may have sole custody.

5. Judges determine custody based on the best interest of the child.

If a custody dispute arises, a judge will award custody based on what’s in the best interest of the child. A Denton county family law attorney can explain those factors which include whether one parent is more fit to care for the child over the other parent.

Marci Martinez

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As a founding partner of Martinez Legal P.C., Marci B. Martinez works with clients regarding their family law needs. She has extensive court experience, handling cases involving divorce, estate planning, adoptions, premarital agreements and private mediation for clients in Denton, the Dallas Metroplex and across Texas.
Ms. Martinez received her Bachelor of Science in human resource management from Arizona State University in 2002, Magna Cum Laude.

She earned her Juris Doctor from the Sandra Day O’Connor College of Law at Arizona State University in 2005. At law school, she was an Editor for the Arizona State Law Journal and the executive officer of the Christian Legal Society.

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