TX Bar Family Law 3 — Questions and Answers
Question 1: Under the Texas Family Code, what is the rebuttable presumption regarding appointment of parents as managing conservators?
- Joint managing conservatorship is disfavored when parents cannot cooperate
- Appointment of both parents as joint managing conservators is presumed to be in the child's best interest (Correct answer)
- The mother is presumed to be the primary managing conservator
- Courts may not appoint joint managing conservators without a filed parenting plan
Correct 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.
Question 2: Under the Texas standard possession order, on which days does a non-primary parent typically exercise possession during the school year?
- Every other weekend only
- First, third, and fifth weekends plus Thursday evenings during the school year (Correct answer)
- Alternating full weeks throughout the year
- Weekends and all federal holidays
Correct 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.
Question 3: Under the Texas child support guidelines, what percentage of net monthly resources is owed for support of one child?
- 15%
- 20% (Correct answer)
- 25%
- 30%
Correct answer: 20%
Texas Family Code §154.125 sets the guideline at 20% of the obligor's net monthly resources for one child.
Question 4: When may a Texas court deviate from the statutory child support percentage guidelines?
- Never; the guidelines are mandatory in all cases
- When applying the guidelines would be unjust or inappropriate given the circumstances of the case (Correct answer)
- Only when the obligor's net resources exceed the statutory cap
- Only upon a written agreement of both parents approved by the court
Correct 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.
Question 5: Which factor is EXPRESSLY prohibited from consideration when a Texas court makes a conservatorship or possession determination?
- The child's expressed preference if the child is 12 or older
- The race or ethnicity of either parent or the child (Correct answer)
- A parent's history of domestic violence
- Each parent's ability to provide stable housing
Correct 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.
Question 6: At what minimum age may a Texas child file a written statement with the court expressing a preference regarding conservatorship?
- 10 years old
- 12 years old (Correct answer)
- 14 years old
- 16 years old
Correct 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.
Question 7: Which circumstance creates a rebuttable presumption in Texas AGAINST appointing the parents as joint managing conservators?
- One parent earns significantly more income than the other
- There is credible evidence of a history of family violence (Correct answer)
- The parents reside more than 100 miles apart
- One parent has a new romantic relationship since separation
Correct 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.
TX Bar Family Law 3
Under the Texas Family Code, what is the rebuttable presumption regarding appointment of parents as managing conservators?