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Family Law Attorneys

December 2014 Archives

A range of expenses is covered by child support

A Texas parent may wonder about the expenses that a child support order is meant to address. Each state establishes its own guidelines, and these affect the amount of support as courts use information about a parent's income as well as the finances needed to maintain the standard of living of a child to the extent possible. While certain needs of a child are meant to be covered by support, it is not required that parents receiving support provide proof of these areas being covered by support payments.

How is child custody affected by domestic violence?

A Texas court will take into consideration any recent domestic violence on the part of anyone wishing to have partial or sole custody of a child. Domestic violence is known as any intentional act by a party to cause physical harm to a spouse, a child's parent or anyone under the age of 18. Generally, courts will look closest at any pattern of abuse within two years of filing for custody.

Custody relocation laws for Texas parents

A commonly contentious item in divorce proceedings has to do with child custody, which involves the rights and responsibilities of caring for the child. This challenging situation may be exacerbated if a custodial parent relocates, forcing the other parent to engage in a long-distance relationship with the child. This is especially the case if an existing agreement states that the non-custodial parent is afforded visitation rights.

Advocating for Texas fathers

Men in Texas who are undergoing divorces may feel that their rights as fathers are not protected. However, in recent years, courts have more frequently acknowledged fathers' contributions to their children's development and operated under the assumption that shared parenting is in the best interests of children. Fathers who assert their rights before judges make custody orders may be able to secure their place in their children's lives.

The best interests of the child principle

When two married parents obtain a divorce in the state of Texas, they must make arrangements for the the care and nurturing of their child or children. Their right to maintain physical custody of their child will be subject to compromise, as will their right to make important decisions for their offspring. Whether they arrive at new arrangements between themselves through negotiation and mediation or their divorce goes to trial, the court will have a responsibility to review their decision and be certain that the best interests of the child are being met.

How inheritance is treated during property division

Texas residents who are going through contested divorce proceeding often have concerns about how inherited assets will be handled by the court during the property division process. Generally speaking, an inheritance that was left to one spouse alone is considered the separate property of that spouse and is not included as part of community property. Therefore, an inheritance is normally not subject to division in a divorce settlement.

Do I get automatic visitation rights to my child after a divorce?

Even though there seems to be a nationwide push for shared parenting plans to be used post divorce, it is not uncommon for one spouse in Texas to be granted full custody of children in some cases. If a shared or joint custody arrangement isn't a possibility, for whatever the reason, the parent who was not granted custody may wonder if they are at least entitled to visitation rights. In this week's blog post, we are going to explore visitation rights, parental roles and the standard possession order.