TX Bar Family Law 3

Question 1

Under the Texas Family Code, what is the rebuttable presumption regarding appointment of parents as managing conservators?

Accepted Answer

Appointment of both parents as joint managing conservators is presumed to be in the child's best interest

Answer

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?

Accepted Answer

First, third, and fifth weekends plus Thursday evenings during the school year

Answer

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?

Accepted Answer

20%

Answer

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?

Accepted Answer

When applying the guidelines would be unjust or inappropriate given the circumstances of the case

Answer

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?

Accepted Answer

The race or ethnicity of either parent or the child

Answer

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.

(TX Bar) Texas Bar Exam Practice Test

(TX Bar) Texas Bar Exam Practice Test

TX Bar Family Law 3