Ready To Assert Your Rights And Protect Your Interests

Securing Full And Fair Child Support And Custody Orders

After a divorce, all parents are expected to provide for their child’s well-being. When parents cannot agree to child custody or support terms, it is up to the court to determine which parent will be the conservator and how visitation will be divided.

If you are involved in a custody or child support dispute, it is a dangerous strategy to hope that the family court judge will rule in your favor. You need to use the law to protect your parenting rights and your child’s interests. Attorney Samantha M. Malfitano is here to help with your family law matters.

Samantha Malfitano represents moms, dads and other concerned family members in The Woodlands and the surrounding area. She understands the distress that can undermine a family’s stability when unresolved child custody and child support issues are pending in Texas’s family court. With her assistance, you can be certain that your interests are protected throughout your legal journey.

Child Custody In Texas

In Texas, there are two factors that affect a child custody agreement:

  • Conservatorship, which identifies the decision-making rights each parent has and each parent’s obligations to their child. When parents share these rights and duties, they agree to a joint managing conservatorship. When one parent takes sole responsibility for making decisions and fulfilling parental duties, that parent is granted sole managing conservatorship.
  • Possession and access, which refers to physical custody of a child and the visitation rights of the noncustodial parent, which is the legal term for the parent who does not have physical custody. Parents can work together to determine a schedule that suits their circumstances or rely on the court to do so.

Understanding Child Support Orders

In most cases, the noncustodial parent is responsible for paying child support. A family court judge will intervene and determine support orders when parents cannot agree on terms. Texas judges are guided by both the state’s fee schedule and arguments presented in court to make their decision.

These are a few of the factors that can shape the child support order:

  • The noncustodial parent’s income
  • The number of children the noncustodial parent is responsible for supporting
  • The noncustodial parent’s ability to pay child support
  • The child’s age, medical needs, child care expenses and other financial needs
  • The amount of time the child spends with each parent

It is important to understand that the state child support guidelines set a baseline for monthly payments. If you believe that this formula does not account for all your child’s needs, attorney Malfitano can help you make your case before a judge.

Modifying Custody Or Support Orders

Child custody and child support orders are not set in stone. Family court judges understand that even the best planning cannot anticipate life changes. As a parent, you have the right to petition for child support or custody modifications.

Ms. Malfitano is qualified to represent parents seeking modifications for:

  • Custody orders due to a parent’s relocation
  • Adjustments to child support orders due to unforeseen circumstances, such as medical issues or job loss
  • Modifications of child custody orders to adjust to a new school or work schedule or living arrangement

It is critical to obtain a court order to change the terms of your support or custody agreement. If your child’s parent refuses to abide by the terms of a modified agreement, having a court-ordered modification will strengthen your case for enforcement.

Navigating the legal system to secure fair child custody and child support terms can be overwhelming when you confront it alone. As your advocate, Samantha Malfitano will make your case a priority so that you do not have to face negotiations or litigation by yourself.

Contact The Firm To Get The Help You Need

For your convenience, you can reach Law Office of Samantha M. Malfitano online or over the phone at 281-815-2473. Arrange your consultation today with an experienced lawyer and get the information you need to make sound decisions.