THERE ARE 4 TYPES OF CHILD CUSTODY IN TEXAS LEGAL CUSTODY When a parent assumes legal custody of their child, that parent has the right to make any decisions necessary when it comes to the needs of the child. They can make every decision regarding education, health care, and religion without discussing these topics with…

DO I NEED A LAWYER FOR AN UNCONTESTED DIVORCE? Why You Might Need a Lawyer for an Uncontested Divorce Making sure your rights are protected. It is crucial that you understand all your rights in a divorce because failing to understand those rights could mean you end up with an unfair division of property, too…

BASIC CHILD SUPPORT LAWS FOR TEXAS In custody cases, the court can make the determination of parental responsibilities. Under Texas Family Code a court can order either the custodial parent or noncustodial parent or both parents to support a child: • until the child is 18 years of age or until graduation from high school,…

HOW LONG DOES A DIVORCE TAKE IN TEXAS Texas imposes a 60-day waiting period that applies to all divorces unless you qualify for an exception, meaning your divorce cannot be finalized before the 61st day. Factors That Impact the Time It Takes to Get Divorced: The first of those factors is whether the Respondent files…

WHAT IS A ‘STANDARD POSSESSION ORDER’ FOR CHILDREN IN TEXAS? In Texas, courts use the term “standard possession orders” (SPO) rather than the typically used “visitation” or “custody” terminology. SPOs dictate when each parent (or non-parent) has the legal right to spend time with a child. Access is based on the best interests of the…

CHILD SUPPORT: HOW MUCH?… AND WHAT DOES IT COVER? How Much is Child Support? Until a judge hands down your final order, it’s impossible to know exactly how much child support you’ll owe. We use a formula that based on the guidelines set by the Texas Family Code: Payer’s Annual Income (÷) 12 months (-)…

HOW DOES INFIDELITY AFFECT THE DIVORCE PROCESS Alimony Texas judges may consider one party’s infidelity when awarding alimony to the other party. One spouse’s indiscretion, whether the parties are living apart or not, can be used to influence the nature, amount, duration, and manner of alimony payments to the other spouse. In short, if you…

ADVANTAGES OF FILING FOR DIVORCE FIRST IN TEXAS Although being the petitioner may not affect the judge’s final ruling, there can be some benefits to being the first to file. These advantages may include: Choosing the County in Which You File – if you and your spouse are currently separated and live in different counties, you…

WHO PAYS CHILD SUPPORT WHEN PARENTS HAVE SPLIT CUSTODY (50%-50%) How Does Texas Define Joint Custody? In Texas, custody is often referred to as a conservatorship. When parents have joint custody, it is a joint managing conservatorship. While joint custody might seem to indicate each parent physically has the child 50% of the time, that…

HOW CAN I REDUCE MY CHILD SUPPORT IN TEXAS Texas law provides that parents seeking a reduction in their child support order are eligible for modification only if at least one of the following is true: The prior child custody order established by the court has been in effect for at least three years; ANDThe…

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