6034 West Courtyard Drive, Suite 100, Austin, TX 78730
Call Us Today
512-610-6199
Recent Blog Posts
What Happens When More Than One Man Claims to Be a Child’s Father?
Establishing paternity can be challenging even when the identity of the child’s biological father is clear. When there is uncertainty surrounding the father’s identity, it becomes even more complicated. In some cases, more than one man may have a presumption of paternity, or come forward with a claim of paternity in an effort to secure parental rights. It is important for both fathers and mothers to understand how these conflicts can be resolved to ensure that the correct man is recognized as the child’s father.
Competing Presumptions of Paternity
In Texas, a man is presumed to be the father of a child if he is married to the child’s mother when the child is born, as well as if his marriage to the child’s mother ended within 300 days before the child’s birth. While it is not especially common, it is possible for these presumption criteria to apply to two different men. For example, a child’s mother may have gotten divorced from one man and then remarried another man within this 300-day period. In other cases, only one man may have a presumption of paternity, while another man wishes to voluntarily acknowledge paternity because he believes himself to be the child’s biological father.
How Can Child Custody Affect Other Parts of a Divorce Resolution?
When parents get divorced in Texas, their children are often one of their most important concerns. Addressing child-related issues is also one of the most important parts of the divorce process. Most notably, parents will need to determine child custody arrangements that affect each parent’s involvement in their children’s lives. However, the decisions made regarding child custody can also impact other elements of a divorce resolution.To achieve an outcome that best meets your needs and your children’s needs, it is important to understand how all of these different issues may affect each other.
Child Custody and Child Support
According to Texas law, the parent who will be ordered to pay child support in a divorce is usually the parent who will have less custodial time with the child according to the child custody order. If you expect that your spouse will be granted a larger share of physical custody, you should be prepared to make child support payments. The amount paid is based on a percentage of the noncustodial parent’s monthly income.
Do I Need a Prenup for My Second Marriage?
Prenuptial agreements can be a touchy subject between partners, and there are many reasons why people may be reluctant to consider them. Some may be concerned that a prenup will start the marriage off on the wrong foot, and others may feel that a prenup is unnecessary given their current financial situation. However, for those who are about to begin their second marriage, the benefits of a prenuptial agreement often start to become more clear. Here are some reasons why a prenup may be a good choice as you prepare to get remarried.
You Want to Avoid the Mistakes of Your First Marriage
Divorce is a largely unpleasant experience, but one positive that may result from divorce is a better understanding of what can go wrong in a marriage. Perhaps disagreements about finances were a major contributor to the failure of your first marriage, and you want to address these issues up front in your next marriage. Or, perhaps the division of marital assets in your divorce was difficult and embittered, and you want to have a better plan for dividing assets amicably if you need to do it again in the future. A prenup can allow you to do both of these things.
What is the Role of a Guardian ad Litem in a Texas Child Custody Dispute?
In many Texas divorce cases, parents can reach a child custody agreement that serves their children’s best interests. However, it is not uncommon for parents to have significant disagreements or even serious concerns about the other parent’s influence on the children. When this is the case, a child custody dispute may need to be resolved through litigation, and the court may seek input from a representative known as a guardian ad litem when making decisions regarding a child’s best interests.
If you are involved in a complex child custody dispute, it is important to understand the role of a guardian ad litem and how it may affect the outcome of your case.
What Does a Guardian ad Litem Do?
There are a few different kinds of child representatives that the court may appoint in a child custody suit, but a guardian ad litem, or GAL, is one of the most common. The primary role of a GAL is to provide information to the court regarding a child’s best interests. Often, a GAL is a professional or a representative from a volunteer organization with a specific focus on the well-being of children. Anyone who serves as a GAL must have sufficient knowledge and training to fulfill their appointed duties.
Do I Have to Divide My Personal Injury Settlement in My Texas Divorce?
If you have been seriously injured in an accident, you may rely on compensation from a personal injury claim to provide relief for your ongoing medical expenses, lost wages, and pain and suffering. Going through a divorce while you are still suffering from the effects of an injury can be especially difficult, and you may be concerned that you are at risk of losing a large portion of this compensation to your spouse in the division of assets. If you find yourself in this situation, it is important to work with an attorney who can help you manage the legal complications of your divorce case and protect your financial resources.
Is Injury Compensation Considered Community Property?
In a Texas divorce, the couple’s community property must be divided, while each spouse is able to keep their own separate property. Community property usually includes any assets acquired by a spouse during the marriage, while separate property includes assets acquired before the marriage. As such, if you suffered an injury and resolved your claim before getting married, you are likely entitled to keep the full amount of the compensation you have been granted.
What Are the Fault Grounds for Divorce in Texas?
In recent years, many states have eliminated the option to file for divorce on fault-based grounds and transitioned entirely to no-fault divorces on the grounds of irreconcilable differences. In Texas, however, no-fault divorce and fault-based divorce both remain options. If you or your spouse chooses to file for a fault-based divorce, you should be sure to understand how this can affect the outcome of your resolution.
Fault-Based Grounds for Divorce
In order to file for a fault-based divorce in Texas, the filing spouse must be prepared to demonstrate that one or more of the following has occurred in the marriage:
- Adultery - This means that a spouse has engaged in some sort of extramarital affair. The Texas Family Code used to specify valid defenses to a divorce on the grounds of adultery, but these defenses are no longer available except in rare cases in which reconciliation may be possible.
What Happens When Adoptive Parents Get Divorced in Texas?
For parents who share children under the age of 18, child custody decisions are central to the divorce process. In general, this is true for both biological and adopted children, though adoptive parents may be especially concerned about protecting their parental rights if they are uncertain how Texas law applies to these cases. If you need to address the custody of your adopted child, an experienced family law attorney can help you understand your rights and options under the law.
Texas Adoption Laws
To understand how your child custody case may be handled, it is first important to understand a few key facts about adoption in Texas. First of all, adopting a child gives the adoptive parent all of the same legal rights and responsibilities as a biological parent. Secondly, married couples are required to petition for adoption together. This means that if you adopted a child together during your marriage, you and your spouse have the same rights and responsibilities as each other. This gives both of you the standing to pursue custody during your divorce.
What Are the Consequences of Failing to Pay Child Support in Texas?
Providing financially for a child’s basic needs is not only an important responsibility for parents, it is a legal obligation. When parents are divorced or unmarried, this obligation must be formalized in a child support order that typically requires one parent to make regular payments to the other. When the paying parent fails to fulfill their obligation, they may face a variety of serious consequences.
Penalties for Late Child Support Payments
In Texas, when a parent fails or refuses to make a scheduled child support payment, an enforcement action may be initiated by the receiving parent or the Texas Office of the Attorney General. Depending on the circumstances, the paying parent could face one or more of the following consequences:
- An order to pay arrearages and interest - A parent who is delinquent on child support payments remains responsible for the full amount of past-due payments. Child support arrearages also accrue interest until they are repaid.
When Does Spousal Support End in Texas?
In Texas, spousal support is an option in relatively few divorces. State law puts substantial limits on the types of circumstances in which maintenance is warranted, and when the court does include maintenance in a divorce order, it is usually only for a limited time. Both paying and receiving spouses can better prepare for the divorce and its aftermath by understanding when spousal support payments may terminate.
Texas Spousal Maintenance Order Durations
Texas courts will determine the specific duration of maintenance according to the facts of each individual case, but there are maximum cut-offs in place based on the length of the marriage and the reason why spousal support was ordered. For example:
- There is a maximum five-year duration when the marriage lasted between 10 and 20 years. If the receiving spouse is a victim of spousal abuse, they can receive maintenance for up to five years even if the marriage lasted less than 10 years.
How Can a Spouse’s Military Service Affect a Texas Divorce?
Life can be full of challenges for military families, including frequent relocations and extended absences for spouses and parents. When a military marriage fails, the family can also face unique challenges throughout the divorce process. Whether you are a service member yourself or you are married to one, you should be prepared for the possible effects on asset division, child custody, and other divorce-related issues.
Effects on Divorce Proceedings
Most couples who want to file for divorce in Texas must first meet a residency requirement, with at least one spouse having been a Texas resident for at least the last six months. However, military couples can instead qualify based on a spouse’s temporary stationing for military service in Texas. An attorney can help you determine whether you are eligible to file, and in what county you should do so.
Contact Us Today
Set up a consultation by filling out the form below:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
