Divorce is a challenging experience for everyone involved, but it often has the most profound impact on children. For parents, one of the hardest things about a divorce is working through issues of custody and support together (which requires agreement and cooperation) while engaged in a process that implies you don’t get along well or don’t agree on things (which is likely why you’re getting a divorce). How do you get through this? Keeping the well-being of your kids top-of-mind is key, and an Austin, TX divorce lawyer with experience in family law can help .

How Custody in Texas Works

In Texas, child custody is referred to as “conservatorship.” The court can appoint just one parent as the sole managing conservator or both parents as joint managing conservators. The court’s goal is always to determine what arrangement is in the best interest of the child, so it will look at the child’s physical and emotional needs, the parents’ ability to meet those needs (as well as their own), any history of abuse or neglect, and even the child’s preference, if they are of a suitable age.

Sole Managing Conservatorship means one parent has exclusive right to make the most important decisions for the child: about their education, healthcare, and religious upbringing. This is typically granted when the court believes that one parent is better suited to make these decisions, and there can be various reasons for this, such as the other parent’s absence, a history of abuse, or one parent having a particular history of making poor decisions for themselves and their child.

Joint Managing Conservatorship is when both parents share the rights and duties of raising the child equally. Even if the child primarily resides with one parent, a joint managed conservatorship means both parents have equal say in the important life decisions of their child. This arrangement requires cooperation and effective communication between the parents, and that can admittedly be tough after divorce; but the court always prefers joint managing conservatorship unless there is a compelling reason to deny it.

“The Best Interests of the Child”

The “best interests of the child” is the guiding principle in Texas custody cases, and it’s important for parents to understand that the court’s primary concern is the child’s well-being. This can be hard at times in a divorce, especially if the two ex-partners are approaching the break-up adversarially.

It’s not too much to say that the court – at least in this matter of the children – really doesn’t care about the two divorcing adults and what they want or what is more comfortable for them. The court’s main concern is single-minded: to minimize the effect of the divorce on the child. Your divorce will go most smoothly if you’re able to bear this in mind and only take action that shows your complete commitment to providing a positive environment for your child.

Child Support Guidelines

In Texas, child support is calculated based on state guidelines that consider the noncustodial parent’s income and the number of children requiring support. The standard formula deducts certain expenses from the parent’s net income and then applies a percentage based on the number of children:

• One child: 20% of the noncustodial parent’s net income
• Two children: 25% of the noncustodial parent’s net income
• Three children: 30% of the noncustodial parent’s net income

These percentages are general, but the court can adjust the amount if there are special circumstances, such as a child having particular medical needs or special needs in either the custodial or noncustodial parents’ financial situations.

How to Minimize the Impact of Divorce on Your Children

Provide Emotional Stability

Divorce is very emotionally taxing for children. It’s common for them to feel confusion, sadness, and anxiety, and as hard as the divorce is on you, you need to prioritize your child’s emotional health during this transition. Children don’t have the resources and experience that adults have to know how to deal with big emotions, and no matter the circumstances of any couple’s divorce, one thing is always true: the children are always innocent parties caught up in a hard situation they had no part in creating.

You can make things easier for the kids by being open, reassuring, and maintaining a routine, even in the midst of changes. They’re going to deal with changes between you and your ex-spouse, so now is not the time for them to experience changes in diet, sports, schools, church, friends, visits with grandparents, or other regular routines.

Also, never talk about the other parent in your child’s presence, as this can exacerbate stress and emotional difficulties and may even harm your case in court. Counseling and support groups can also be beneficial for both you and the children. These can provide a safe space for children to express their feelings and learn some coping strategies. Family counseling can help improve communication and understanding between parents and children, so there’s a more supportive environment for everyone involved.

Parental Cooperation and Conflict Resolution

Successful co-parenting requires cooperation and effective conflict resolution strategies. This can be hard after divorce, but do everything in your power to communicate openly and respectfully, focusing on the child’s needs rather than your personal grievances. Establish a detailed parenting plan to outline each parent’s responsibilities and reduce the possibility of misunderstandings. If something goes wrong, bring it up privately, not in front of the kids.

A parenting plan typically includes detailed plans for holidays, weekends, and special occasions, guidelines on how parents will make decisions about education, healthcare, and other significant aspects of the child’s life, and agreements about how communication between the parents will happen. Your lawyer can help you draft a plan that the court will accept.

Modifications and Enforcement

Life circumstances can change, and sometimes that means you or your ex-spouse require some modifications to a custody or support arrangement. In Texas, either parent can request a modification if there is a significant change in circumstances, such as a job loss, relocation, or changes in the child’s needs. The court will review the request and determine if it believes the modification serves the child’s best interests.

If a parent fails to follow court orders, the other parent can seek enforcement through the court. Consequences for non-compliance can include things like wage garnishment for unpaid child support, contempt of court charges, or modifications to custody arrangements. If you’re having issues with getting an ex-spouse to follow court orders or cooperate with a parenting plan, talk to your Austin, TX divorce lawyer right away about the best course of action for dealing with it.

Work With an Austin, TX Divorce Lawyer

Protecting your children while working through issues of child support and custody during a divorce can be very hard. One of the best things you can do for your children is to work with an experienced family law attorney. When you do, you can expect things to go as smoothly as possibly under the circumstances and resolve more quickly than they could otherwise. Contact the Eggleston Law Firm, PC in Austin, Spicewood, and San Marcos today, where we know how to help real people with real problems.