Legal Question in Family Law in Texas

My wife left me and took my kids, we both dont have a place of residence right now. She moved into her mom and dads, and i am living with her grandparents right now. we moved to texas about 5 months ago from california. I am in the process of getting me an apartment for myself. She wants to take the kids and i want the kids. she also wants to divorce civil. Is there anyway of doing civil. such as child custody and child support. How much do they take for child support. Can the parents agree to a certain amount for child support. By me having a residence and steady job do i have an upper hand on getting the kids.


Asked on 3/12/10, 4:55 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

1. After you've been a resident of Texas for six months, you can file for divorce here. Welcome to Texas.

2. If you're going to have a custody fight, it won't be "civil." You can, however, agree on everything BUT custody.

3. Child support is based on the income (from all sources) of the person paying, and the number of children (and the number of "outside children" if you have children by some other family). One child is 20% of your net income, two children is 25%.

4. Yes, the parents can agree to a certain amount of child support, as long as it's not something ridiculous ($11 per month, for example). Any agreement you make regarding the children has to be approved by the Judge.

5. If you are the only parent who has an actual residence, it could make a difference in a custody fight.

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Answered on 3/17/10, 8:12 am


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