Legal Question in Family Law in Texas

My husband and I have recently decided to get a divorce. We have pretty much agreed on everything except child custody. He is wanting joint custody but says he will still pay me child support. She will live with me and see him on weekends. He only wants the joint custody so that the army will allow him to have his own house for when she comes to visit. My question is... Is it possible for us to put on paper that he pays child support if it is joint custody? Would he be able to take off with her anytime? and who will claim her on their taxes?


Asked on 11/30/10, 9:45 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

"Joint custody" in Texas doesn't mean "50-50."

The setup you're describing is pretty much standard: The parents are appointed Joint Managing Conservators; the child lives with Mom; Dad pays child support, and has visitation on the weekends (and other times, under a Standard Possession Order). No, Dad CANNOT show up and take the child whenever he wants; the Standard Possession Order is very specific.

You will claim the child as a deduction for income tax purposes.

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Answered on 12/08/10, 5:06 am


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