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From time to time, parents will ask if they can agree to no child support in Texas. In other words, both parties would like child support to be waived so that no one is required to pay. The simple answer to this question is: it's possible, but only if the agreement is approved by a judge.
Regardless of notarization, informal custody agreements, including those that are notarized, do not have legal binding power in Texas.
In Texas, it is possible for parents to lose custody of their children in specific circumstances. They may include child abuse, child neglect, and chronic substance abuse or mental health issues on the part of the parent.
TFC section 157.263 prevents unpaid child support payments from being reduced regardless of who asks for it. The change reinforces that child support is a serious financial obligation that cannot be avoided. It also brings Texas state law in line with federal law.
A similar but more structured form of mutual agreement is mediation, which is a type of alternative dispute resolution (ADR). This is another way to reach a child custody agreement out of court. Instead of just the parents discussing custody issues, a mediator (who is a neutral third party) helps negotiate.
Steps should be taken in order to prepare for filing custody. First, we recommend contacting an attorney. An attorney experienced in Texas custody laws will help guide evidence collection and document completion, and provide support throughout the legal process. Once you have an attorney, the paperwork begins.
Yes, parents can create their own child support agreement in Texas. However, it must be approved by the court to ensure it meets the child's best interests. It's recommended to seek legal advice before finalizing any agreement. How can I get help collecting child support if payments stop?
The unfit parent may have a history of domestic violence, child abuse, substance abuse, child neglect, felonious behavior, parental alienation, sexual abuse, or many other behaviors that would put a child at risk of various types of harm. It is up to the Judge to decide if a parent is unfit.