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Preparing for a Custody Evaluation in a Texas Divorce
In a perfect world, parents who decide to end their marriage are able to come to an agreement on custody and visitation. Unfortunately, it is far more common for parents to disagree on child custody arrangements and a complex court battle often ensues. In these cases, the court will typically order a custody evaluation, also referred to as a social study in Texas family law. The following is a brief overview of this process. If you are divorcing your spouse and anticipate a complex child custody dispute, make sure to contact Powers Kerr & Rashidi, PLLC for legal assistance.
What Is Involved in a Custody Evaluation?
When parents are unable to present an agreed-upon parenting plan to the court, the judge may order a custody evaluation in order to obtain additional information regarding the background and lifestyle of each parent, their parenting styles, the type of home environment they could provide the child, their employment situation, and relationship status. The evaluations are usually conducted by social workers or some other professional whose background includes working with children and families.
How Important Is a Parenting Plan in Texas Child Custody Cases?
One of the most difficult issues to work through in many Texas divorces is child custody. Even if the couple agrees that divorce is the best option for their future, agreeing on what happens with their children is something that they may not agree on.
However, if the couple cannot negotiate and agree on child custody and parenting plan, the judge presiding over their divorce will make that decision for them and their decision may not be one that either parent wants.
Negotiating a Parenting Plan
A parenting plan puts in writing how the couple will co-parent in the future. Some of the issues that need to be addressed include:
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Where will the child live? If the child will live primarily with one parent, then a visitation schedule with the other parent needs to be set. The parenting time schedule should also include where the child will spend birthdays, holidays, school vacations, summer vacations, and other events.
When Do Child Support Obligations End for Texas Parents?
Under Texas law, every parent has the legal responsibility to provide financial support for their child, even if that child does not live with them. This is why non-custodial parents are ordered to pay child support. And although the majority of parents meet that obligation without any issues, there is no denying that it can feel financially liberating when the day comes that the parent no longer has to send that child support payment to their ex.
Generally, parents are responsible for child support until the child reaches the legal age of adulthood – 18 years – or graduates from high school, whichever comes last. However, some parents wonder if there are situations in which the court will order child support payments to be extended beyond that point. See below for a brief overview of that question.
Disabled Child
Under the Texas Family Code, if a child is disabled, then the law says that the court can order that child support be paid for an indefinite period of time. This is the only exception to extended child support under the law, but there are criteria that are required to be met. These include:
Should I Stay Off of Social Media During My Texas Divorce?
When a person is going through a divorce, there are myriad emotions they can find themselves dealing with. A person may feel a sense of relief and freedom that they are finally free of a negative and toxic relationship one day and the next feel sad and lonely that they no longer have a partner to deal with life with, even if the relationship was a rocky one.
In today’s world, social media has become an integral part of many people’s lives and all of those roller-coaster emotions are often shared on Facebook, Instagram, TikTok, and other social media accounts. Unfortunately, all that sharing can have a significant impact on issues that need to be decided by the court, such as child custody, spousal support, and more. In fact, in one major survey of divorce attorneys, more than 80 percent of lawyers said that they use social media to dig for evidence against their clients’ spouses. The following are some of the ways that social media posts can affect your divorce.
Texas Divorce 101
Going through the divorce process can be confusing, even overwhelming at times. Although every divorce case has its unique factors, there are some basic rules/laws that apply to anyone who is filing for a divorce in Texas. Whether you and your spouse will be engaging in a friendly and simple divorce or you are facing complex, high-net-worth litigation, the following information is important to know.
Residency Requirement
Every state sets its own residency requirement for divorce. In Texas, one or both of the spouses must have lived in the state for at least six months prior to filing for divorce, and also have at least 90 days of residency in the county the action is being filed in.
Unlike many other states, there is no time period the couple must have lived apart before filing. In fact, the couple can still legally live under the same roof as the divorce proceedings are taking place.
Addressing Long Distance Visitation in Texas Child Custody Agreements
Determining child custody and parenting time in a Texas divorce can be a complex issue to navigate around. It can become even more complex if the two parents do not live in close proximity to each other. When this is the case, there are certain factors besides the typical custody and parenting time decisions that need to be addressed.
The State of Texas
In many other states in the nation, traveling issues do not often need to be addressed when the parents live in the same state. Their state is small enough that distance does not really become a problem. Traveling does need to be addressed if the parents live in different states.
But Texas is the second largest state in the country. It takes up almost 10 percent of the total land size of the United States. Going from Point A to Point B often involves hours of driving or a trip to one of the state’s four major airports.
Is Your Spouse Hiding Assets and Planning to Divorce You?
Often, when a couple begins to talk about ending their marriage, the process of the breakdown of the marriage has been occurring for some time, whether each spouse realizes it or not. Many times, one of the spouses has already decided they want a divorce and has even put plans into place to protect their financial future, but has not shared those plans with the other spouse. This leaves the other spouse vulnerable when it comes to their financial future. This is a particular problem in high asset divorces.
Who Handles the Money?
It is not uncommon for couples to “delegate” to each other different chores or responsibilities. For example, one spouse may be the one that takes the lead on most of the home decorating decisions or oversees the majority of the couple’s social and family commitments. In most marriages, although one spouse may be the one “in charge” of the responsibility, the other spouse still has input.
How Marital Distress Can Impact Your Physical Health
It is fairly well-known that about half of all first marriages end in divorce. The number of divorces for second and subsequent marriages is even higher. There are also many marriages where the couple is unhappy, yet they still stay together. It is estimated that about 20 percent of married couples experience marital distress. Marital distress can cause anxiety, depression, sadness, tension, and worry. All of these emotions can have a serious impact on a person’s health.
In fact, a new study has found that a bad marriage does not just break your heart emotionally – it can actually break your heart physically. According to the study’s findings, heart attack survivors who are in marriages where there is a lot of stress and unhappiness are at a higher risk of having a difficult recovery than those who are in happy marriages.
The Study
The study was conducted by researchers from the Yale School of Public Health, who tracked approximately 1,600 adults who had been treated for a heart attack between the years 2008 and 2012. Participants were between the ages of 18 to 55 and were either in a committed partnership or marriage.
How Do Texas Courts Decide Child Custody?
There are several issues that can cause significant tension between a couple going through a divorce, but the one issue that often causes the most stress is deciding what type of child custody arrangement will be made for the couple’s children. Attempting to predict how the court will rule is fairly impossible since there is such a wide array of factors the judge can consider. The only constant in any child custody case is that the court will base its decision on the best interests of the child.
Understanding What Custody Actually Is
Under Texas law, there are two types of custody that the court considers. The first is possessory conservatorship, also referred to as physical custody. Physical custody is what most often comes to mind for many people when they hear the word “custody” and means the right of the parent to have physical control over the child and where the child will live.
Parenting Styles vs. Dangerous Parents
It is not uncommon for parents to disagree about parenting style. Even parents who are together can have different opinions about how their children should be raised. When the parents are divorced, these differences may even become more pronounced. However, there is a difference between different parenting styles – such as one parent being strict about bedtimes while the other parent lets the child stay up as late as they want – and parenting choices and behaviors that can actually put a child in harm’s way. Knowing what those differences are and when you should report the other parent can be crucial to your child’s safety.
When to Report
No matter how upsetting it may be, the court will not intervene just because one parent does not agree with the way their ex-spouse is parenting their child. They will intervene, however, if there is evidence of any of the following:
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