Essential Information About Child Custody During The Divorce Process

If you’re a parent who is considering or in the process of getting a divorce, you undoubtedly have concerns about your children’s future. Questions about child support and custody are common in divorce cases involving kids. If you’re a Texas or Louisiana resident, this article will address your child custody concerns, including:

• Which parent gets child custody before a divorce is finalized, and when there are exceptions.
• What happens if you and your spouse cannot agree on the terms of child custody.
• How child support is determined in Louisiana and Texas.

Who Has Custody During The Divorce Process In Louisiana Or Texas And How Is That Determined?

Which parent has custody rights during the divorce process in Louisiana or Texas depends on the facts of the situation. Myriad factors could dictate where your child is going to go, but before a hearing, it is generally the parent who has the child in custody at that time.

An exception may be made if there is an emergency and your child is in danger, and then the other party can seek to have the child removed and given to them. Until determined by the court, the person who has custody will maintain custody of your child, as long as they are in a wholesome and stable environment.

What Happens If My Spouse And I Cannot Agree On Custody Or Other Matters In Our Divorce?

Part of a judge’s job is to help with these decisions when divorcing couples cannot agree on the terms. In these cases, both parents would present their evidence during the trial about what they believe is in the best interest of the child, and which parent should have custody of the child.

The determining factor is generally what is best for the child. This takes into account circumstances like the home environment and where the child has been historically enrolled in school.

It is always ideal if both parents can agree, and as long as it’s in the best interest of the child, the judge will generally approve of your agreement. If you do not agree, then a trial is necessary to present evidence for each side, and the judge will make the decision.

How Is Child Support Determined In Louisiana Or Texas?

Each state has different rules on child support. In Louisiana, child support is based on gross income; in Texas, it is based on net income. Both states have tables that they use to calculate child support, factoring in the amount of income and the number of children.

Will Child Support Be Paid During The Divorce Process?

Child support can be paid during the divorce process, depending on the circumstances. In Louisiana, you can file for divorce, but you have to be separated for a year before you can finalize the divorce if you have children.

However, if you haven’t been separated for a year and you have children, you can still get into court before the full year to get child support. One parent is usually unable to support themselves and their children for a year if the breadwinner is no longer in the picture.

For more information on Custody Of Children In A Divorce In Louisiana And Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling Louisiana: (318) 798-5559 | Texas: (903) 246-9898 today.