Family Law Attorneys Texas

When you receive a Petition for Dissolution of Marriage (Divorce), you need to file a written response with the court. This is basically a written notice of your positions on each paragraph or statement in the original filed Petition. Essentially, it is your opportunity to agree to, object to, admit to, or deny what is being stated or requested by your spouse.

Many people may file the Answer, believing this is enough to protect themselves throughout the divorce proceedings. However, from a legal standpoint, this may not always be true, and it is usually best practice to file both an Answer and a Counter-Petition.

Yes, you can get a divorce in Texas as long as you’ve lived in the State for a continuous period of at least 6 months and 90 days in the County, even if your spouse does not live in Texas.

Yes, the court may require additional steps to show that you did everything possible to try to serve or notify your spouse about the divorce, but it can be done.

All property acquired during the divorce is usually considered to be marital property, unless it can be proven that it is separate property.

Texas courts tend to favor arrangements that involve joint custody, often with one parent awarded primary physical custody and the other parent awarded visitation/parenting time and typically ordered to pay child support.

The Family Code of Texas is used by the court to determine child custody arrangements. Depending on certain factors, including (but not exclusive of) both parents’ finances, ages of children, health, etc., legal rights and responsibilities will be determined for both parents, including:

• Where the child will live the majority of the time (primary residential/physical custody)
• Making decisions regarding education, medical care, religion (legal custody)

Child custody types consist of legal and physical custody. Legal custody refers to the right to make all decisions, such as religious affiliation, education, and medical care, concerning a child’s upbringing. Physical custody refers to the right to provide a physical home for a child. Both legal and physical custody may be awarded to one parent (sole custody), or the parents may share some combination of the two (joint custody).

Visitation rights entitle non-custodial parents (parents who do not have custody) to spend time with their children. Typically, the parents jointly determine visitation schedules, although in cases where hostility exists between parents, a court might order fixed visitation (predetermined schedules, such as every weekend). In cases where a parent has a history of violence or substance dependency, a court might order supervised visitation, which requires a court- and custodial parent-approved adult to be present during all of the non-custodial parent’s visits with the children.

The custodial parent means the parent the child resides with for the majority, or all, of the time by a court order. Even in cases of shared custody, there is a custodial and noncustodial parent, it is just the parent the kids are with most of the time. The prospect of being a non-custodial parent shouldn’t be looked at as a negative thing. You can be just as involved in your child’s life as the custodial parent, and bear an equal share in the responsibilities of parenthood. Depending on the nature of the court-ordered custody, non-custodial parents may or may not have the ability to make important decisions regarding the child. Only in cases where one parent is given sole physical and legal custody does the entire responsibility for the care and raising of the child as well as all decision-making concerning the welfare of the child fall on one parent.

Without a custody order signed by a judge, police won’t get involved. You will need to file a Suit Affecting Parent Child Relationship in order to obtain an order granting a specific custody arrangement. Once an order is in place, if the other party attempts to break it, it’s possible to enforce it in court or with the authorities.

It’s always best if parents can agree, although that isn’t always possible. If they can’t, there will be a court trial. Each parent or their Texas child custody attorney on their behalf can submit evidence as to why their desired custody arrangement is in the child’s best interests. The judge might agree that one parent’s proposed custody arrangement is best for the child, or they might come up with their own.

Once custody has been determined by a court through a Decree of Divorce or Decree of Custody, you must show a substantial or material change of circumstances which was not anticipated at the time of the decree prior to making any modification. Then you must show that because of this change it would be in the best interest of the minor child that there be a change in custody.

However, an immediate modification of parenting time can be requested if it is shown that the child’s present environment may endanger the child’s physical health.

Calculation of child support in Texas is made at the court’s discretion, taking into consideration a number of factors such as:

• Salary, wages, and other income
• Receipt of government benefits
• Retirement benefits
• Severance pay
• Alimony, prizes, gifts, or other costs

Upon making a determination, the court will designate a percentage of income that is required to be paid monthly as child support to the custodial parent.

The Following is Typical in Texas:

• 20% of net financial resources monthly for one child
• 25% for two children
• 30% for three children
• 35% for four children
• With 5 or more children commanding 40% or more

Needs to file a SAPCR or order enforcement

If there is already an order, enforce it. If not, file a CS order with the AG office.

There are additional factors that the court may consider when determining child support payments, based on the guidelines in Family Code Chapter 154.123. Some of the other factors the judge may consider include:

• The child’s age and needs
• The ability of both parents to financially support the child
• Any financial resources that are available to support the child
• Each parent’s amount of time spent with and access to the child
• The cost of child care expenses incurred by either parent in order to maintain employment
• Whether either parent has physical custody of another child
• The amount of alimony or spousal support being paid or received by either parent

In some cases, one or both parents may not agree with the court’s determination regarding child support. Although the court order is legally binding, either parent has a right to contest a child support order in Texas. We can help challenge the order and advocate on your behalf to ensure your child’s best interests are at the forefront of every court decision.

Child support never changes automatically. If the circumstances of the parents or the children change in a way that might affect child support, the affected parent needs to seek a change in the order that requires payment of child support.

Again, if the child support order was made by a court as part of a divorce proceeding, the parent who seeks a change in child support would need to return to the court that issued the order. They would file a petition for modification of child support. Local courts may require the use of certain forms, e.g. a post-judgment modification of support or custody form. If a person’s income fluctuates significantly from year-to-year, they may check with their local family law court to see if the court has documents for explaining this situation to the court.

Usually, a child is considered an adult when they reach the age of 18 and is no longer entitled to support from either parent. In a child support order, a judge may even state that it expires when the child reaches the age of 18. Or, if a child passes away, child support payments would end. Or, if a child successfully seeks emancipation before turning 18, then the non-custodial parent’s child support obligation would end.

However, child support may continue if it is shown that the child has a mental or physical issue that makes them dependent on parental support continuing into adulthood.