La Salle County, TX Child Custody Guide

Welcome to the fastest and easiest way to find out about child custody law in Texas.

How to approach your child custody question depends on your personal circumstances. Most people find themselves wrestling with issues of parental responsibility at the time of a divorce from the child’s other parent. But child custody concerns arise in many other circumstances as well—for example, if a child’s parents never married or if a grandparent or other family member has concerns about a child’s wellbeing.

Here, you'll find clear and accurate information about how to get custody of a child, including:

To start, here are some important things keep in mind if you find yourself facing a possible child custody fight: more...

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What Is the Texas Best Interest of the Child Standard?

Texas courts use the "best interest of the child" standard to make child custody decisions. Specifically, judges refer to Section 153.002 of the Texas Family Code which says:

The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

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How Does Child Custody Work in Texas?

If you’re confused about the different types of child custody and how they work, you’re not alone. Here, we’ll demystify some of the basic terms and concepts you need to know when you’re trying to create a good parenting plan, focusing on what it means to share custody of your kids.

In Texas, while everyone will know what you mean when you ask about "custody," that term doesn't appear in state law. Instead, Texas uses the term "conservatorship" to refer to parents' rights to make decisions for their children.

Getting Conservatorship of a Child in Texas

A parent who has conservatorship rights has the equivalent of what most states call physical and legal custody of their children. Physical custody is all about where the children live, while legal custody covers pretty much everything else, including decisions about the children’s religious training, choice of schools and tutors, extracurricular activities, medical treatment, mental health care, and more.

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Who Claims a Child on Taxes After a Custody Case?

When parents divorce or separate, the law allows only one of them to claim their child as a tax dependent. By default, the IRS gives this right to the custodial parent—that is, the parent with whom the child lives for more than half of the year. But there are ways to change the default rule and give child-related tax benefits to the non-custodial parent.

In this article, you'll learn:

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Get Texas Parenting Plan Help

Here are five places you can turn to get help creating a child custody and visitation agreement in Texas.

Your lawyer or a legal aid representative. This one’s obvious, but if you have a lawyer (whether paid or volunteer) that should be the first person you turn to for guidance on creating your parenting agreement. If you need help finding legal assistance, see How to Find a Child Custody Lawyer in Texas.

Mediation. A skilled child custody mediator can help with everything from living arrangements and visitation schedules to decision-making responsibilities and financial agreements. A mediator’s job is to help you explore all the options and settle on the solutions that work best for all involved, especially the kids. Here are several ways to find a qualified mediator:

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Can You Change Child Support Payment Amounts By Moving to a Different State?

A 2019 study showed that child support payment amounts vary dramatically from state to state. A parent in one state may pay or receive up to three times as much as a parent in an identical situation who lives in another state—and the differences don’t depend on cost of living.

Given this, a parent might reasonably wonder whether it would be possible to get a lot more child support—or pay a lot less—by moving to the state next door. For better or worse, it’s not that easy.

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