Family Law Basics

Family Law Basics

Family law matters such as divorce, child custody, and child support are common issues Texans face. Divorce involves legally ending a marriage and dividing property and debts. The court also decides custody based on the best interests of the child, considering factors like safety and stability. Child support is financial support paid by the non-custodial parent to help with the child's needs. Protective orders can be issued to keep someone safe from domestic violence or harassment. Early legal advice can help protect your rights and reduce conflict.

Understanding Divorce in Texas

A divorce in Texas is initiated by filing a petition with the appropriate court. Texas is a “no-fault” divorce state, which means you do not have to prove wrongdoing to get a divorce—simply stating that the marriage is insupportable is enough. However, certain grounds like cruelty or adultery may influence decisions about property division or child custody. The divorce process typically includes a waiting period (at least 60 days from filing) and may involve temporary orders to address living arrangements, finances, or child care during the case.

Property and Debt Division

Texas is a community property state, meaning most property and debts acquired during the marriage are considered jointly owned. The court aims to divide these assets and liabilities in a fair and equitable manner, though not always exactly equal. Separate property—such as assets owned before marriage or inherited individually—generally remains with the original owner. It’s important to gather financial documents and seek legal guidance to help ensure a fair settlement.

Child Custody and Visitation

Child custody in Texas is legally known as “conservatorship.” Courts encourage parents to reach their own parenting agreements, but if they cannot agree, the court will determine custody based on what is best for the child. Factors considered include each parent’s ability to care for the child, the child’s emotional and physical needs, and any history of domestic violence. There are two main types of conservatorship: joint managing conservatorship (joint custody) and sole managing conservatorship (one parent has primary rights and responsibilities). Visitation schedules, called “possession orders,” outline when each parent will spend time with the child.

Child Support Obligations

The parent who does not have primary custody is usually ordered to pay child support. Texas sets child support amounts based on state guidelines, which consider the non-custodial parent’s income and the number of children. In some cases, the court may adjust the amount due to special circumstances, such as the child’s medical or educational needs. Child support is meant to cover basic expenses like food, shelter, clothing, health care, and education.

Protective Orders and Family Violence

If you or your child are at risk of family violence, you can request a protective order from the court. Protective orders are designed to keep an abuser away from you, your home, workplace, or school. Violating a protective order can lead to arrest and criminal charges. You can request a temporary order for immediate protection if you are in danger. It is important to document any threats or incidents and reach out to law enforcement or a legal professional for assistance.

Other Common Family Law Issues

• Paternity:  Establishing the legal father of a child can affect custody, visitation, and child support. Paternity can be established voluntarily or through court-ordered DNA testing.

• Adoption: The adoption process in Texas involves background checks, home studies, and court approval to ensure the child’s best interests are met. Adoption legally transfers parental rights to the adoptive parents.

• Name Changes: Parents may request a legal name change for themselves or their children through the court, often as part of divorce or adoption proceedings.

• Grandparents’ Rights: In certain situations, Texas law allows grandparents to seek visitation or custody, especially if it is in the child’s best interests and the parents are unable or unwilling to care for the child.

Tips for Navigating Family Law Matters

• Stay organized by keeping copies of all legal documents, correspondence, and court orders.

• Consider mediation to resolve disputes outside of court—this can save time, money, and reduce stress.

• Always prioritize the well-being of children involved; courts focus on their safety and stability above all else.

• Be honest and forthcoming with your attorney to help them advocate effectively on your behalf.

• Seek support from counselors, family, or support groups to help manage the emotional aspects of family law issues.

Family law cases can be emotionally and financially challenging. Seeking early legal advice and staying informed about your rights can help you make better decisions and protect your interests. Our law firm is here to guide you every step of the way, from understanding your options to representing you in court if necessary. If you have questions about divorce, custody, support, or any other family law concern, don’t hesitate to schedule a consultation with our experienced team.

Have Questions? Call (713) 822 4303.