Divorce With Kids in Corpus Christi: Protecting Your Children While Ending Your Marriage

When children are involved, divorce is never just about ending a marriage. It is about preserving the most important relationships in your children’s lives, ensuring their stability and security, and laying the foundation for a healthy future. For parents in Corpus Christi and the Coastal Bend, navigating divorce with children requires balancing the emotional needs of your children with the legal complexities of custody, visitation, and support. The decisions you make during this process will shape your children’s lives for years to come.

At Barton & Associates, Attorneys at Law, we understand that when children are involved, the stakes are higher. We help parents throughout Nueces County navigate divorce while keeping their children’s best interests at the forefront. With extensive experience in the family district courts—including the 148th, 214th, 347th, and 319th District Courts—and a deep understanding of child development and co-parenting dynamics, we provide the compassionate, knowledgeable representation you need to protect what matters most: your children.

The Unique Challenges of Divorce With Children

Divorce is difficult under any circumstances, but when children are involved, the challenges multiply:

• Emotional impact: Children may experience confusion, fear, anger, and sadness. They may blame themselves for the divorce or feel torn between parents.

• Co-parenting: You must learn to parent with someone you are no longer married to—often while emotions are raw.

• Decision-making: Major decisions about education, healthcare, and religious upbringing must be made jointly, even if you cannot agree on other matters.

• Stability: Maintaining stability—the same school, friends, activities, and routines—is essential for children’s well-being.

• Financial considerations: Child support and the costs of raising children across two households must be addressed.

• Long-term planning: Your divorce decree will govern your relationship with your children for years—through school, extracurricular activities, and into young adulthood.

Our attorneys help parents navigate these challenges with a focus on what is best for their children.

Child Custody in Texas: Conservatorship

In Texas, child custody is referred to as conservatorship. The court’s primary consideration is the best interest of the child. Unlike many states, Texas has a strong presumption that it is in the child’s best interest for both parents to share in the rights and responsibilities of raising their children.

Joint Managing Conservatorship (JMC)

Joint Managing Conservatorship is the presumptive standard in Texas. Under JMC, both parents share the right to make major decisions about the child’s:

• Education: Which school the child attends, educational programs, and special education services

• Healthcare: Medical, dental, and mental health care

• Religious upbringing: Religious training and participation

Under JMC, one parent is typically designated as the “primary” conservator with whom the child primarily resides. The other parent has significant rights, including the right to receive information about the child, access the child’s records, and participate in the child’s life.

Sole Managing Conservatorship (SMC)

Sole Managing Conservatorship is less common and is typically ordered only when there is evidence that joint conservatorship would not be in the child’s best interest. Grounds for SMC may include:

• Family violence or child abuse

• A parent who is unfit due to substance abuse, mental illness, or criminal conduct

• A parent who has abandoned the child

• A parent who has been convicted of a serious crime

Under SMC, one parent has the exclusive right to make major decisions about the child. The other parent may have limited rights, including visitation.

Possession and Access: The Visitation Schedule

Possession and access refer to the physical time each parent spends with the child. The standard possession schedule in Texas is the Standard Possession Order (SPO).

Standard Possession Order (Within 100 Miles)

Under the SPO, the non-primary parent has:

• Weekends: The first, third, and fifth weekends of each month (Friday 6:00 PM to Sunday 6:00 PM)

• Thursday visitation: During the school year, a Thursday evening visit (6:00 PM to 8:00 PM) or, under the expanded schedule, an overnight

• Summer: 30 days of extended summer possession

• Holidays: Alternating holidays, including Thanksgiving, Christmas, and spring break

Expanded Standard Possession Order

Many parents seek an Expanded Standard Possession Order, which provides for Thursday overnight visitation instead of a two-hour evening visit. This allows for more meaningful time during the school week.

Custom Possession Schedules

Parents can agree to custom schedules that meet their family’s needs. Common alternatives include:

• Week-on, week-off: One week with each parent

• 2-2-3 schedule: Two days with one parent, two with the other, three with the first, alternating

• 2-2-5-5 schedule: Two days, two days, five days, five days

• Alternating weeks with a midweek visit

The right schedule depends on the children’s ages, the distance between parents’ homes, work schedules, and other factors.

Child Support in Texas

Child support in Texas is calculated based on the non-custodial parent’s net resources using the following percentages:

• One child: 20% of net resources

• Two children: 25% of net resources

• Three children: 30% of net resources

• Four children: 35% of net resources

• Five or more children: At least 40% of net resources

Net Resources

Net resources include:

• Wages, salary, commissions, and bonuses

• Self-employment income

• Investment income

• Rental income

• Social Security benefits

• Unemployment compensation

• Military allowances (BAH, BAS)

Allowable deductions include federal income taxes, Social Security taxes, and health insurance premiums for the child.

Medical Support

In addition to basic child support, Texas law requires that child support orders address medical support. This includes:

• Health insurance: The court will order one or both parents to provide health insurance for the child if available at a reasonable cost

• Uninsured medical expenses: Unreimbursed medical, dental, prescription, and vision expenses are typically divided between the parents in proportion to their net resources

Child Care Expenses

The court can also order either or both parents to pay for child care expenses necessary for the custodial parent to work or attend school. These expenses are typically divided in proportion to net resources.

The Best Interest of the Child Standard

In all matters involving children—custody, visitation, and support—the court’s guiding principle is the best interest of the child. Texas courts consider the following factors:

• The child’s age and developmental needs

• The emotional and physical needs of the child now and in the future

• The emotional and physical danger to the child now and in the future

• The parental abilities of the individuals seeking custody

• The programs available to assist those individuals

• The plans for the child by the individuals seeking custody

• The stability of the home

• The acts or omissions of the parent that may indicate the parent-child relationship is not proper

• The child’s preference (if the child is 12 or older, or mature enough to express a reasoned preference)

Parenting Plans

A well-crafted parenting plan is essential for successful co-parenting. A comprehensive parenting plan addresses:

• Custody and visitation schedule: A detailed schedule for weekends, holidays, summer, and special occasions

• Decision-making: How major decisions about education, healthcare, and religious upbringing will be made

• Communication: How parents will communicate about the child (email, phone, co-parenting apps)

• Exchanges: Where and when exchanges will occur

• Extracurricular activities: How decisions about activities will be made and how costs will be shared

• Travel: How travel with the child will be handled, including out-of-state and international travel

• Dispute resolution: How disagreements will be resolved without returning to court

Co-Parenting After Divorce

Successful co-parenting requires commitment and cooperation. Strategies for effective co-parenting include:

• Keep children out of adult conflicts: Do not discuss the divorce or the other parent with or in front of your children

• Maintain consistent rules: Establish consistent rules, routines, and expectations across both households

• Communicate respectfully: Communicate about the child in a respectful, business-like manner

• Be flexible: Be willing to accommodate reasonable requests when possible

• Support the other parent: Encourage your child’s relationship with the other parent

• Use co-parenting tools: Apps like OurFamilyWizard can help manage schedules and communication

Helping Children Cope With Divorce

Children of all ages need support during and after divorce. Tips for helping children cope include:

• Be honest but age-appropriate: Explain the divorce in terms they can understand without sharing adult details

• Reassure them: Let them know the divorce is not their fault and that both parents love them

• Maintain routines: Keep routines for meals, bedtime, school, and activities as consistent as possible

• Listen: Allow children to express their feelings without judgment

• Seek professional help: Therapy or counseling can help children process their emotions

• Do not put children in the middle: Do not use children as messengers, spies, or confidants

Frequently Asked Questions About Divorce With Kids

How is child custody decided in Texas?

The court’s primary consideration is the best interest of the child. Texas presumes that Joint Managing Conservatorship—where both parents share in major decision-making—is in the child’s best interest.

What is the Standard Possession Order?

The Standard Possession Order is the default visitation schedule in Texas. It provides the non-primary parent with weekends, Thursday evening visitation, 30 days of summer possession, and alternating holidays.

How is child support calculated?

Child support is calculated as a percentage of the non-custodial parent’s net resources: 20% for one child, 25% for two, 30% for three, 35% for four, and at least 40% for five or more.

Can we agree on our own custody and support arrangements?

Yes. Parents can agree on custody, visitation, and support arrangements. The court will review the agreement to ensure it is in the child’s best interest before approving it.

What if my ex-spouse is not following the custody order?

If your ex-spouse is violating the custody order—for example, by refusing to return the child at the scheduled time—you can file a motion to enforce. The court can order make-up visitation, hold the violating parent in contempt, and award attorney’s fees.

How does the court determine what is in the child’s best interest?

The court considers factors such as the child’s age and needs, each parent’s ability to provide a stable home, the child’s existing relationship with each parent, and any history of family violence.

Can my child choose which parent to live with?

If the child is 12 or older, the court may consider the child’s preference. For children under 12, the court may consider their preference if they are mature enough to express a reasoned preference. The court is not bound by the child’s preference.

What is a parenting plan?

A parenting plan is a detailed agreement that outlines custody, visitation, decision-making, communication, and dispute resolution. A well-crafted parenting plan provides clarity and reduces conflict.

How long does child support last?

Child support typically continues until the child turns 18 or graduates from high school, whichever occurs later. Support may continue indefinitely for children with disabilities.

Do I need an attorney for a divorce with kids?

Yes. When children are involved, the stakes are higher. An experienced family law attorney can help you understand your rights, negotiate a fair parenting plan, and ensure that your children’s best interests are protected.

Why Barton & Associates Is the Right Choice for Your Divorce With Kids

When children are involved, divorce requires not only legal expertise but also compassion, patience, and a focus on what is best for your family. At Barton & Associates, Attorneys at Law, we have extensive experience helping parents navigate divorce while protecting their children’s well-being.

Our attorneys understand the emotional challenges of divorce with children. We provide not only legal representation but also guidance and support, helping you make decisions that will serve your children’s needs now and in the future. We work with you to develop parenting plans that provide stability, reduce conflict, and allow both parents to maintain meaningful relationships with their children.

We also understand that every family is unique. There is no one-size-fits-all approach to custody and visitation. We take the time to understand your family’s dynamics, your children’s needs, and your goals, and we work with you to develop solutions that work for your family.

Protect Your Children’s Future Today

If you are facing divorce and have children, the decisions you make now will shape your children’s lives for years to come. Do not navigate this process alone. An experienced family law attorney can help you protect what matters most.

Contact the experienced family law attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you navigate divorce with children and build a stable, loving future for your family.

Main Category: Family Law Corpus Christi
Practice Area Category: Divorce & Separation
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780