FAQs About Child Custody & Divorce

Many factors are considered when it comes to which parent will take custody of their child. Factors include the emotional and physical needs of the child, stability of the home, parenting skills, and financial stability.

If your former spouse or partner has sole custody of the child, they can do that without your permission. Otherwise, they cannot move out of state with the child without your express written permission. They may also receive permission from the family court for their relocation. These same rules apply for relocation in the state that may significantly impair the other parent’s ability to exercise custodial time.

Texas law requires that a marriage lasts for at least 10 years before a spouse can request spousal maintenance as part of a divorce. Beyond that, courts also consider your established quality of life during the marriage, if you pay child support, and the ability of the other partner to be financially self-sufficient. 

An annulment is an invalidation of a marriage. It means that the marriage never happened. A divorce is the legal end of a marriage.

The amount of child support you must pay will depend on your net income and how many children you have. For one child it is 20%, 2 children is 25%, for 3 children is 30%, for 4 children is 35%, and for 5 children is 40% of your monthly net income. These percentages apply for bet monthly incomes of up to $7,500.