Legal Help Center

Legal Help Center

Can a parent take custody of the child instead of making child support payments?

Both parents must provide for the child, no matter which parent has primary custody. Child support is normally paid to the custodial parent for the benefit of the child. A change in physical custody does not end the child support order. To do so, the new custodial parent must go to court to have legal custody changed. This will end the previous child support order, although any money owed to the former custodial parent must be paid, and establish a new order for the new custodial and non­custodial parents. Federal regulations do not allow the Office of the Attorney General to provide services for custody or visitation disputes. The Attorney General encourages mediation of these issues, and most cases are resolved by agreement. In the rare case where custody and/or visitation are seriously contested, the Office of the Attorney General encourages each parent to hire a private attorney. If you cannot afford a lawyer, you may be eligible for federally funded legal assistance. Look in the phone book under Legal Aid or Legal Services. Sometimes the court will appoint a lawyer for the child. Many law schools operate legal clinics at which law students assist people under the supervision of a law professor or other lawyer. Contact the law school nearest you for more information.


Other Texas Family Law FAQs

1 2 3 >>