Common Child Custody Questions Answered

Question #1

When a couple is going through a divorce, what are some questions a judge might typically ask the kids?

Besides some basic, objective questions such as their name and age, here are some questions that a judge might typically ask kids during a divorce hearing:

What do you enjoy doing in your free time?
How do you feel about your parents’ divorce?
What are your concerns about living with each parent?
What do you like and dislike about each parent’s parenting style?
What kind of relationship do you have with each parent?

The judge may also ask more specific questions about the child’s living arrangements, visitation schedule, and educational needs. For example, the judge might ask:

How often do you see each parent?
What do you do when you are with each parent?
What are your thoughts on your proposed visitation schedule?
What kind of support do you need from each parent to succeed in school?

The judge is trying to get a sense of the child’s needs and preferences, as well as the quality of the child’s relationship with each parent. This information will help the judge make decisions about custody and visitation that are in the child’s best interests.

It is important to note that the judge will not pressure the child to choose one parent over the other. The judge will also avoid asking questions that could put the child in the middle of the parents’ conflict.

Question #2

Do I get any visitation rights if I don’t pay child support?

Yes, a parent can have visitation even if he or she does not pay child support. Child support and visitation are separate issues under Texas law. The court will consider the best interests of the child when making decisions about both child support and visitation.

However, the custodial parent may be able to argue that the non-custodial parent’s failure to pay child support is a reason to modify the visitation schedule. For example, the custodial parent may argue that the non-custodial parent is not financially stable enough to provide for the child’s needs during visitation.

The court will also consider other factors, such as the child’s relationship with each parent, the child’s basic needs, and the non-custodial parent’s ability to provide a safe and loving environment for the child during visitation.

Here are some examples of situations where a court might modify a visitation schedule due to non-payment of child support:

The non-custodial parent has a history of failing to make child support payments.
The non-custodial parent has a history of using the child support money for other purposes, such as gambling or drugs.
The non-custodial parent is unable to provide for the child’s needs during visitation.
The non-custodial parent has a history of neglecting or abusing the child.

If you are a non-custodial parent who is having trouble paying child support, contact us here at Lundberg Law to discuss your options. There may be programs or resources available to help you get caught up on your child support payments.

Question #3

My ex is making false accusations about me. How can I contest this in court?

Here are some tips on how a parent can fight false accusations in family court during a divorce proceeding:

Retain an experienced family law attorney. An experienced divorce attorney will be familiar with existing laws and procedures and can help you develop a strategy to defend yourself against the false accusations.
Gather evidence to support your case. This may include witness statements, documentation, and recordings. You should also keep a journal of any relevant events or conversations.
Be prepared to explain the false accusations and why they are not true. Be honest and upfront with the court, and be prepared to answer any questions the judge may have.
Impeachment of the other parent’s witnesses. If the other parent has witnesses who are testifying about the false accusations, your attorney may be able to impeach their testimony by showing that they are biased or that their testimony is not credible.
Ask the judge to consider all of the evidence before making a decision. The judge should not make a decision based solely on false accusations. The judge should also consider your parenting skills, your relationship with your children, and the children’s best interests.

Here are some specific things that you can do to gather evidence to support your case:

Keep a journal of any relevant events or conversations. This could include things like your ex-spouse threatening to make false accusations, or your ex-spouse saying something that contradicts their current allegations.
Save any text messages, emails, or social media posts that are relevant to the false accusations.
Get statements from witnesses who can corroborate your side of the story. This could include friends, family members, or neighbors.
Obtain any documentation that supports your case, such as police reports, medical records, or counseling records.

It is important to remember that false accusations can be very damaging, both to you and to your children. If you are facing false accusations in family court, it is important to take steps to defend yourself and protect your rights.

Question #4

After a divorce, does one parent have the right to know where the child is during visits with the other parent?

Yes, both parents have a right to know where their child is during visitation in Texas. This right is based on the Texas Family Code Section 153.073(a)(1), which states that both parents have the right to receive information from the other parent about their child’s health, education, and welfare. This right includes knowing the child’s whereabouts during visitation.

However, there are some exceptions to this right. For example, if the custodial parent has a reasonable fear for the child’s safety, the custodial parent may not have to disclose the child’s whereabouts to the non-custodial parent. The custodial parent must be able to provide evidence to support their fear, such as evidence of domestic violence or child abuse.

Another exception is if the child is in a sensitive situation, such as if the child is participating in a medical procedure or if the child is visiting a religious leader. In these cases, the custodial parent may not have to disclose the child’s exact whereabouts to the non-custodial parent, but they must still provide general information about the child’s whereabouts and activities.

If a parent is concerned about the other parent’s refusal to disclose the child’s whereabouts during visitation, they should contact a child custody attorney. We here at Lundberg Law can help the parent understand their rights and options.

Here are some tips for parents who are concerned about the other parent’s refusal to disclose the child’s whereabouts during visitation:

Document everything. Keep a journal of all of your interactions with the other parent, including any conversations about visitation and the child’s whereabouts.
File a report with the police. If you have reason to believe that the other parent is putting the child at risk, you should file a report with the police.
File a motion with the court. If you are unable to resolve the issue with the other parent, you can file a motion with the court to compel the other parent to disclose the child’s whereabouts.

It is important to remember that the child’s best interests are always the primary concern. If the court believes that the other parent’s refusal to disclose the child’s whereabouts is putting the child at risk, the court may modify the visitation schedule or take other steps to protect the child.

Question #5

Can my child decide which parent they want to live with after a divorce?

In Texas, a child who is 12 years old or older may be able to express their preference for which parent they want to live with. However, the court is not required to follow the child’s preference. The court will still consider the child’s best interests when making a decision about custody.

The court will consider a number of factors when making a decision about custody, including:

The child’s relationship with each parent
The child’s needs
The ability of each parent to provide a safe and loving environment for the child
The history of each parent’s parenting
Any history of domestic violence or child abuse

If the court believes that the child’s preference is in the child’s best interests, the court may follow the child’s preference. However, the court is not bound by the child’s preference. The court may make a different decision if the court believes that the child’s preference is not in the child’s best interests.

It is important to note that the court will not pressure a child to choose one parent over the other. The court will also avoid asking questions that could put the child in the middle of the parents’ conflict.

Lundberg Law Knows Child Custody in Texas

If you are a parent in Texas who is going through a divorce, and you are concerned about your child’s custody, you need an experienced child custody attorney like Gregg Lundberg with Lundberg Law. We can help you understand your rights and options, and can represent you in court.