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 »
Facing Divorce? Pros and Cons of Mediation
Mediated and litigated, “traditional” divorce lead to the same place: you end up separated from your spouse, you divide your assets, and you reach some sort of custody agreement for your children, if you have any. So what difference does it make if you get there through mediation or a litigated divorce? In mediation, you… Read More »
Modifying Your Child Custody Order
Going through a divorce is often a traumatic and difficult time of life. When children are involved, it can be especially hard to come to terms over custody issues. It is important to note that with the passage of time after a divorce, circumstances often change necessitating modifications to a child custody order. While this… 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 »
Enforcing or Challenging an Out-of-State Child Custody Order in Texas
Child custody is a complex area of family law. Attempts are usually made to apply the standard of best interests of the child. But when a protracted custody battle ensues, court decisions about child custody may leave all parties with a painful and unsatisfactory resolution. It is important to realize that you might be able… Read More »