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
Legal & Physical Custody: Can a parent have legal custody without physical custody?
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 possessory conservatorship (or joint… Read More
Will my children get a say in child custody in Texas?
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
What constitutes common law marriage in Texas?
In Texas, common law marriages are referred to as informal marriages. It is one of nine states that provide for this type of marriage. Texas Family Code Section 2.401 establishes what constitutes common law marriage in Texas. There are two ways that couples in Texas may enter into an informal marriage, each of which is… Read More
Parents’ visitation rights: Can a parent who committed violence get visitation?
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. In Texas, the courts consider multiple factors… Read More
When to introduce new boyfriend to my kids?
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. It’s really… Read More
Paternity test for child support collection?
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 support. How child support… Read More
Mediation Rules: Does the victim of domestic violence have to go to mediation?
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 objection to the order. Per Texas Family Code… Read More
What is collaborative divorce?
Collaborative divorce in Texas is an alternative way to settle a dispute involving collaborative law. Instead of using the court system, both sides negotiate issues such as division of assets, child custody, alimony and more. The process ends if an agreement isn’t reached or if one spouse insists on taking the matter to court. How… Read More
Can I get a temporary emergency custody order?
Yes, sometimes the courts will issue a temporary emergency custody order. Of course, the court must determine it’s warranted and in the child’s best interests. It’s done by contacting the court that has local jurisdiction. This is often the court in the county where the child lives. Reasons to File a Temporary Emergency Custody Order… Read More
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