Family Law Flashcards
7 cards from real TX BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Family Law flashcards as text
Under the Texas Family Code, what is the rebuttable presumption regarding appointment of parents as managing conservators?
Answer: Appointment of both parents as joint managing conservators is presumed to be in the child's best interest
Texas Family Code §153.131(b) creates a rebuttable presumption that appointing parents as joint managing conservators is in the best interest of the child.
Under the Texas standard possession order, on which days does a non-primary parent typically exercise possession during the school year?
Answer: First, third, and fifth weekends plus Thursday evenings during the school year
Texas Family Code §153.312 establishes the standard possession order as the first, third, and fifth weekends plus Thursday evenings during the school year.
Under the Texas child support guidelines, what percentage of net monthly resources is owed for support of one child?
Answer: 20%
Texas Family Code §154.125 sets the guideline at 20% of the obligor's net monthly resources for one child.
When may a Texas court deviate from the statutory child support percentage guidelines?
Answer: When applying the guidelines would be unjust or inappropriate given the circumstances of the case
Texas Family Code §154.123 permits deviation from the guidelines when evidence shows that application of the guidelines would be unjust or inappropriate.
Which factor is EXPRESSLY prohibited from consideration when a Texas court makes a conservatorship or possession determination?
Answer: The race or ethnicity of either parent or the child
Texas Family Code §153.003 expressly prohibits the court from considering the race or ethnicity of the parent, child, or any other party in conservatorship decisions.
At what minimum age may a Texas child file a written statement with the court expressing a preference regarding conservatorship?
Answer: 12 years old
Texas Family Code §153.009 provides that a child 12 years of age or older may submit a written statement of preference regarding conservatorship to the court.
Which circumstance creates a rebuttable presumption in Texas AGAINST appointing the parents as joint managing conservators?
Answer: There is credible evidence of a history of family violence
Texas Family Code §153.004 provides that evidence of a history of family violence raises a rebuttable presumption that appointing the abusive party as a managing conservator is not in the child's best interest.