What is the Difference Between Sole Managing Conservatorship and Joint Managing Conservatorship With Respect To Child Custody?
There are different legal designations with respect to child custody in Texas that describe the rights and responsibilities of the parents. The presumed, or default, arrangement is joint managing conservatorship. This means both parents share in the important decisions and responsibilities concerning their child, which include the following: Education Religion and moral instruction Medical care,… Read More »
Can a Stepparent Seek Child Possession in Texas?
Stepparents can play an important role in the upbringing of a child. In most cases, though, their legal right to child possession (custody) in Texas is limited. However, non-relatives who have played an important role in the child’s life and acted as a primary caretaker may be able to gain legal custody in certain circumstances…. Read More »
How Is Child Custody Handled if One Parent Relocates?
In most cases, Texas courts find that it is in the best interests of the child to have regular, ongoing contact with both parents. Therefore, if the custodial parent wants to relocate, he or she must prove that circumstances are such that the benefits to the child will outweigh the costs of the distance from… Read More »
How Does Adultery Affect a Divorce Case?
Adultery can be extremely hurtful and damaging to families and to the person whose spouse has cheated, but the ways it is used in a divorce proceeding are complicated. Texas is a no-fault divorce state, meaning no specific reason other than a conflict of personalities needs to be cited for the court to grant a… Read More »
DFPS Took My Child: What Can I Do?
The Texas Department of Family and Protective Services (DFPS) may only remove a child from a home under a limited set of circumstances, and then usually only after a hearing. In rare cases, the DFPS may make an emergency removal of a child with no prior court order permitting it to do so. Then the… Read More »
Changes Affecting Spousal Support in Texas
Spousal support is often a highly contentious element of divorce. Many people are under the mistaken impression that spousal support is extremely difficult to obtain in the Lone Star State. Recent changes to the Texas Family Code make it easier to obtain spousal support provided that the spouse who seeks maintenance meets certain conditions. The… Read More »
Paternity Tests: When Do You Need One?
A showing of paternity establishes the identity of the father of a child and gives the child and father certain legal rights. In Texas, the father of a child has no rights or responsibilities with regard to a child unless there is an establishment of paternity. Mothers are presumed to be mothers at birth. But… Read More »
Requesting Modification of a Child Support Order in Texas
Both parents have an obligation to support their children. As part of your divorce decree, child support is set in accordance with state guidelines. With the passage of time, situations change and you may desire to modify the order for support upward or downward. Should you be interested in modifying a child support order, you… Read More »
Enforcing Your Rights to Support and Custody
You can spend months hammering out the terms of your divorce agreement including child support, spousal support and visitation. But having something in writing may not always be enough. After divorce, your ex may fail to abide by the terms of the agreement and court order at some point. If your ex starts skipping payments… Read More »
Filing for Divorce: Step by Step
Getting a divorce is never easy, even if you and your spouse are on amicable terms. Ending a relationship is always stressful and disruptive. Each state has its own set of laws and requirements for divorce, and the process can sometimes feel complicated and exhausting. Fortunately, Texas is one of the easier states to go… Read More »