Going through a divorce can be a stressful process and a difficult experience. Divorce addresses the legal relationships of the people within a family, while the family law aspects of divorce address property division, adoption, custody of children, and the child support obligations. Because family law is the practice of law that relates to relationships and children, it can be one of the most emotional areas of law. On this page, you will find a general overview of the divorce process and frequently asked divorce questions.
If you have specific questions about Texas divorce, speak to our Dallas divorce attorneys at Wilson Whitaker Rynell today.
Family lawyers get involved in many aspects of their client's personal lives, and the practice of family law includes the following:
Our team of experienced Dallas family law attorneys at Wilson Whitaker Rynell are proud to serve the families of Dallas County, Texas and Collin County, Texas for over 25 years. John Wilson is a board-certified family lawyer with the Texas Board of Legal Specialization. Our firm will work together on your case and support you during this difficult time.
To obtain full custody of your children in Texas, you will need to prove that joint custody would not be in the best interests of the child. Evidence that can be used to prove your position includes the following: Domestic violence, self-endangerment, child endangerment, or Drug abuse.
Texas law explicitly states that courts cannot discriminate based on sex when making a custody decision. It is possible to have 50/50 custody in Texas and have equal custody of children often from a social study or other report showing its in the best interest of the children
Section 102.003(a)(9) grants standing to file a suit affecting the parent-child relationship to non-parents who have had “actual care, control, and possession of the child for at least six months.”
An unhealthy relationship with parents can deeply impact children. Unhealthy relationships often involve a lack of boundaries, rejection, restrictiveness and overprotection, overindulgence, substance abuse and unrealistic expectations from children.
An unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
The state of Texas refers to full custody—or sole custody—as sole managing conservatorship. There are very limited circumstances where a judge will agree to grant one parent sole custody in Texas but it is possible. In addition, sole managing conservatorship may not be necessary depending on your goals as you may only want certain rights exclusive such as education, medical or psychological.
No. Texas courts do not favor mothers over fathers. In Texas, judges base child custody dispute rulings on the best interest of the child or children. It is important to understand the law when it comes to courts and the discretion the court has when determining child custody and the best interest of the child.
Texas Family Code 102.005 – Standing to Request Termination and Adoption. For example, termination and adoption may be sought by another adult whom the court determines to have had substantial past contact with the child sufficient to warrant standing to do so.
The Texas Family Code is one such body of statutory law, and it contains all the formal rules that govern family law in Texas. As one might imagine, family law is quite broad, and as such, the Family Code covers quite a large range of topics.
Toxic parents create a negative and toxic home environment by using fear, guilt, and humiliation as tools to get what they want and ensure compliance from their children. They are often neglectful, emotionally unavailable, and abusive in some cases. A toxic parent will put their own needs before the needs of their children.
Age and health of the parents (or a non-parent conservator involved in the matter) Special needs of any involved parties. Stability of home environment of the child. Age and health of the child(ren).
In Texas, there is no age under 18 that allows for a child to refuse visitation. Visitation is the right of the parent, and it cannot be taken away by the custodial parent or child. The only option would be for the custodial parent to request a modification of orders.
A father would need to gather evidence and present documentation that there is a history of physical abuse, emotional abuse, sexual abuse, violence, neglect, or another intentional form of misbehavior by the other parent against the child.
The law allows the judge to interview a child that is 12 years of age or older concerning custody.
Fathers in Texas can be awarded full custody of his child or children; however, there mother must be shown to be unfit in some manner such as mental health, child neglect, or other serious issues effecting the best interest of the child.
Retainers anywhere from $6,500 to $25,000 are common for a child custody or family law case in Texas. Unfortunately, complex child custody cases or child custody cases heading for a jury trial might require a down payment of $50,000 or more.
Parental gaslighting is a subtle and covert form of emotional abuse. These parents manipulate to undermine the child's sense of reality and mental stability. Some well-meaning parents may gaslight their children in an attempt to osentibly protect them.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
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.
The child's emotional, physical and educational needs will be considered and how any changes in their circumstances will affect the child. The child's age, gender, characteristics and background will all be a factor in the decision process.
The court can order that the child lives with one parent or both parents, and specify when the child lives with each parent. If the child lives with one parent, the court can order when the child is to have contact with the other parent. The contact could be face-to-face, virtual such as Facetime or video, or by phone.
No. Texas courts do not favor mothers over fathers. In Texas, judges base child custody dispute rulings on the best interest of the child or children. However, it is important to understand the law when it comes to courts and the discretion the court has when determining child custody.
It’s important to understand why your child doesn't want to spend time or stay with the other parent. Let your child express their feelings to you without judgment.
The state of Texas refers to full custody—or sole custody—as sole managing conservatorship. There are very limited circumstances where a judge will agree to grant one parent sole custody in Texas but it is possible. Sole managing conservatorship may not be necessary depending on your goals, but you may consider exclusive rights such as education, medical or psychological in lieu of sole management.
A judge will study each case, weigh all factors, determine what would be in the child's best interest, and render that decision. Texas courts do not consider some points—such as a parent's marital status, gender, religion, or race—in determining custody.
"The Best Interest of the Child"
Texas law specifically states that the best interest of the child must be the court's primary consideration in determining issues of conservatorship and possession of and access to the child. (Tex. Fam. Code § 153.002.)
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
You can get divorced in Texas is 61 days. However, even an uncontested divorce typically takes about three to four months to finalize due to the court's docket and the schedules of all the parties involved.
There are no requirements for marriage separation in Texas prior to filing for divorce. As long as one spouse has been a domiciliary of the state for six months and a resident of the county for 90 days, the divorce can be filed.
To file for a divorce in Texas, at the time the divorce is filed, either spouse must have been living in Texas for the preceding six-month period and a resident of the county in which the suit is filed for the preceding 90-day period.
Texas is not a 50/50 community property state. The Texas Family Code requires a just and right division of community property. Judges may divide 55/45 or 60/40 if they see bad behavior on one side, or if there are fault grounds (adultery, cruelty, etc.), or if there is disparity in earning capabilities.
No, spousal support is not mandatory in Texas. In the case of a divorce where a spouse is seeking spousal support, the judge will ensure that the situation meets the requirements laid out in Texas law in order to qualify for spousal support.
Most retirement savings plans earned during the marraige – like 401(k)s – can be divided on divorce no matter the length of the marriage. However, the court is not required to split the retirement evenly between the spouses.
Texas Family Code Sec. 3.002, it states that everything you acquire during your marriage – money earned, real estate purchased, and any other property obtained– is considered to belong equally to both spouses and will be divided by the Court.
The spouse (who would be paying, also known as the obligor) has been convicted of or received deferred adjudication for a family violence offense against the other spouse or the other spouse's child within two years before filing the divorce or while the divorce is pending. The length of the marriage is irrelevant.
Real estate, personal property, financial accounts, certain retirement plans and pensions, and specific employment benefits may be divided during divorce proceedings. However, any property or asset that qualifies as a party's separate property will not be divided in a divorce case.
Typical non-matrimonial assets include: Assets inherited by one of the spouses during the marriage. Assets received as a gift by one of the spouses. Assets already owned by one party before the marriage.
A person's income during the marriage is considered marital property and will be subject to equitable division by the court.
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