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You are here: Home / Archives for Family Law

What is the fastest legal means to get child support in Texas Divorce.

June 5, 2018
Written by Christopher Migliaccio | Last updated on December 7, 2023

Child support is typically ordered in a Final Decree of Divorce.  Texas law requires a 60 day cooling off period after you file for divorce before the court can grant the divorce and sign the Final Decree of Divorce.  If the divorce is contested, you may often be looking at well over 6 months or … [Read more...]

FAQ Category: Child Support FAQ, Divorce

Legal & Physical Custody: Can a parent have legal custody without physical custody?

November 25, 2014
Written by Christopher Migliaccio | Last updated on May 27, 2025

The courts prefer that both parents be involved in the decision-making regarding the child's life. Thus, in custody cases, the courts may award joint managing conservatorship, as it's known in Texas but may be also be known as joint legal custody. While in some cases, the court will also award joint … [Read more...]

FAQ Category: Child Custody FAQ

Will my children get a say in child custody in Texas?

October 2, 2014
Written by Christopher Migliaccio | Last updated on August 8, 2023

Previously, the child could file a written preference with the court to inform a judge of his or her preference. But this led to problems when both parents had the child write down his or her name. So now, in a nonjury trial, the judge may interview the child in chambers to determine the child’s … [Read more...]

FAQ Category: Child Custody FAQ

Parents’ visitation rights: Can a parent who committed violence get visitation?

August 22, 2014
Written by Christopher Migliaccio | Last updated on August 8, 2023

A non-custodial parent in Dallas may get reasonable visitation rights to ensure access to the child. When a parent physically abuses a family member in the home it is called domestic violence. In cases of child custody and parents’ visitation rights, domestic violence can affect a judge’s decision. … [Read more...]

FAQ Category: Child Custody FAQ

When to introduce new boyfriend to my kids?

July 24, 2014
Written by Christopher Migliaccio | Last updated on June 12, 2025

When you're dating after divorce and have kids in Dallas, the general rule for introducing your new boyfriend to the kids is to wait until you know that the new partner is a serious match. Several months or more of serious dating may be appropriate before he should make contact with your children. … [Read more...]

FAQ Category: Divorce

Paternity test for child support collection?

July 10, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

In Texas, establishing paternity is different for married and unmarried couples. In the case of a married couple, Texas automatically recognizes the husband as the legal father of the child. In such cases, when the marriage ends in divorce, the wife does not need to get a paternity test for child … [Read more...]

FAQ Category: Child Support FAQ

Mediation Rules: Does the victim of domestic violence have to go to mediation?

June 26, 2014
Written by Christopher Migliaccio | Last updated on May 27, 2025

The victim of domestic violence doesn't have to go to mediation with the other spouse. Texas law has clear protections for mediation and domestic violence victims. Mediation rules provide that if a judge orders mediation in a divorce involving domestic violence, the victim can file a written … [Read more...]

FAQ Category: Divorce

Can I get a temporary emergency custody order in Texas?

June 5, 2014
Written by Christopher Migliaccio | Last updated on May 27, 2025

As a family law attorney in Texas, I've encountered many parents facing urgent circumstances that require immediate action to protect their children. Today, I want to share the story of Jess, who found herself in a challenging situation that called for an emergency custody order to ensure the safety … [Read more...]

FAQ Category: Child Custody FAQ

Can I have someone spy to catch my cheating spouse?

May 27, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

Before deciding to have someone spy on your husband to catch your cheating spouse in Plano, it’s important to understand how adultery impacts a divorce. If you think your husband is cheating, it’s also critical to know how to prove it. The Impact of Adultery on a Texas Divorce Texas recognizes … [Read more...]

FAQ Category: Divorce

What are the Types of Child Custody Orders in Texas?

May 18, 2014
Written by Christopher Migliaccio | Last updated on August 29, 2024

This blog has been rewritten as of August 29, 2024. Please read the updated version at https://www.wmtxlaw.com/understanding-child-custody-orders-in-texas/. General Guidelines Custody.  The key for every custody decision in Texas is what is in the best interest of the child. It is not … [Read more...]

FAQ Category: Child Custody FAQ, Family Law

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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