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Reaching a Joint Child Custody Resolution in Texas
In Texas, child custody cases run the gamut from hotly contested legal disputes to amicable, mutual agreements, and everything in between. As a parent, you should know that any child custody matter comes with its own set of challenges. While a joint custody agreement may not be as emotionally draining and stressful as a contested custody trial, you can still benefit from the representation of an experienced family law attorney who can help you protect your children’s interests.
Establishing a Joint Managing Conservatorship
Under Texas law, there are several possible custody arrangements between parents who are unmarried or getting divorced. In some cases, one parent may be granted sole custody and visitation rights. In others, one parent may have primary decision-making authority regarding the child, while the other parent has scheduled visitation. However, the most cooperative custody arrangement is known as a joint managing conservatorship.
Reimbursing a Spouse for Contributions to Separate Property in Texas
When a couple’s assets are divided in a Texas divorce, there is an important distinction between community property and separate property. Community property refers to most assets acquired by one or both spouses during their marriage, and both spouses have a claim to it in the divorce. Separate property refers to assets that belong to just one spouse, usually those that were acquired before the marriage.
Though your spouse does not have a claim to a portion of your separate property during the divorce process, this property can still impact the terms of your divorce resolution in other ways. For example, you may need to prepare for your spouse to claim reimbursement for any contributions they made.
When Can a Spouse Claim Reimbursement?
According to Texas law, there are several situations in which a spouse may have a claim for reimbursement for contributions made to the other spouse’s separate property. Some of the most common include:
Will I Have to Sell My Property During the Texas Divorce Process?
Texas law treats most assets acquired during a marriage as community property, meaning that both spouses have an ownership interest. If you are getting divorced, you may be concerned that this means that you will have to divide all of your assets in half, possibly even requiring you to sell some of your property to make this possible. You should know that although there are times when selling your property is necessary or desirable, there are often alternatives that may better suit your needs.
How Is Property Divided in a Texas Divorce?
Understanding Texas laws regarding the division of marital assets can help you determine whether you may need to sell some of your property. Texas courts operate under a general rule requiring the “just and right” division of community property. If the decision is left up to the court in a contested divorce, you may be ordered to sell property to achieve a just distribution. However, you can also negotiate a fair agreement with your spouse that minimizes the amount of property that must be sold.
What Is a Temporary Ex Parte Protective Order?
In Texas, victims of domestic violence, as well as those who are at risk of domestic violence, can apply for help in the form of a protective order against the person who may cause them harm. A protective order granted by the court can impose many restrictions on a person’s behavior, including barring them from committing future acts of violence, communicating with or going near the person under protection, or even staying in their residence. In most cases, the court will hold a hearing with both parties to determine the appropriate restrictions. However, the court can sometimes issue a protective order ex parte, meaning without a hearing.
When Will a Texas Court Grant a Protective Order Without a Hearing?
If you are at risk of imminent violence, it may be unsafe and unrealistic for you to wait for a hearing before a protective order goes into effect. Providing notice to the other party of your petition for protection could even put you at greater risk. If you find yourself in such a situation, you can petition for a temporary ex parte protective order. You will still need to make your case to the court, either in writing or in person, that the order should be granted, and you will need to show that you are in “clear and present danger” of suffering harm. If your petition is successful, the order will take effect immediately upon the court’s approval.
Can Grandparents File for Custody of Their Grandchildren in Texas?
Many grandparents care deeply for their grandchildren, and it can be difficult for them to see their grandchildren being raised in an environment that they feel is not in the children’s best interests. Even harder is a situation in which the child’s parents prevent a grandparent from spending any time with their grandchild. It is not uncommon for grandparents in these cases to consider pursuing custody of their grandchildren. However, under Texas law, the circumstances under which a grandparent can file a custody suit are actually quite limited. If you find yourself in a dispute of this nature, whether you are the grandparent or the parent, an attorney can help you understand your rights.
Does a Grandparent Have Standing to File a Texas Custody Suit?
The Texas Family Code lists all of the parties that have standing to file a “suit affecting the parent-child relationship,” which includes custody suits. Some of the parties mentioned include the child’s parent, legal guardian, alleged father, or a governmental entity like the Texas Department of Family and Protective Services. Grandparents, as well as certain other relatives like siblings, aunts, and uncles, can typically file a custody suit only if the child’s parents are both deceased.
When Is a Temporary Child Custody Order Issued in a Texas Divorce?
For parents, the end of a marriage usually means a child custody order is necessary to outline each parent’s rights and responsibilities regarding the children. However, in most divorce cases, the family’s living arrangements change well before the divorce is completed. As such, it is often important to make child custody decisions before the final resolution is approved. If you and your spouse are living apart while your divorce case is pending, petitioning for a temporary child custody order can help you resolve issues related to your children’s immediate living arrangements.
What Can a Temporary Custody Order Include?
Perhaps the most pressing issue in a pending divorce when the spouses are living separately is how much time the children will spend living with each parent. A temporary custody order can include a visitation schedule, as well as provisions for transportation and exchanges between parents. It can also address other important custody issues, such as how you and your spouse will share responsibilities for making important decisions about your children’s health and education during the divorce process.
What Information Are Spouses Required to Disclose in a Texas Divorce?
In order to reach a fair divorce resolution, it is important that both spouses have access to information about each other’s finances. Until recently, the Texas Rules of Civil Procedure addressed this issue by allowing each spouse to request certain information and documents from the other during a discovery period. However, as of January 1, 2021, these rules have been amended to require certain disclosures from spouses upfront, rather than upon request. If you are initiating the divorce process in 2021 or later, you should be aware of your obligations under these updated rules.
Required Disclosures in a Texas Divorce
Whether you or your spouse is the first to file for divorce, you should be prepared to disclose basic contact information including your address and phone number, as well as all of the following financial information from the last two years or since the date of your marriage:
How Is Custody Determined for a Child Born Out of Wedlock in Texas?
In a Texas divorce, parents of young children must resolve the issues of custody and visitation. This can come with many challenges, including how to fairly allocate time with the children and decision-making responsibilities now that the parents will no longer live together. However, there is usually little question as to whether each parent has rights regarding the child. On the other hand, when a child is born to unmarried parents, questions of parental rights and child custody are of immediate concern upon the child’s birth. If you have a child out of wedlock, it is important to understand what you may need to do in order to obtain custody.
Establishing Parentage in Texas
In most cases, when a child is born to an unmarried woman in Texas, she is considered to be the child’s mother with all of the rights that come with the parent-child relationship, including custody of the child. However, in this case, the child’s father often does not have automatic parental rights, meaning that the mother will have sole custody and the father will not be legally entitled to custody or visitation.
Important Considerations When Dividing Real Estate Property for Divorce
Getting a divorce in Texas requires dividing marital property between spouses in a way that the court determines is “just and right.” Unfortunately, spouses often have very different ideas about what is just and right, and this can lead to difficult, protracted settlement negotiations or the need for complex litigation. Properties with higher values, including homes and other real estate properties, have a greater impact on the division of assets, and you should be sure to understand all of the implications before deciding the outcome that you want to pursue.
Real Estate Property Details in a Texas Divorce
In either a negotiated or litigated property division agreement, all of the following details can have a significant impact on the outcome:
- Property value - In order to fairly divide real estate property, you will need to understand what it is worth. When it comes to both residential and commercial properties, the value is heavily influenced by the current real estate market, in addition to factors like the condition and features of the property. Obtaining valuations through an appraisal and comparative market analysis can help you prepare to sell the property if necessary, or prepare to compensate your spouse with assets of roughly equal value if you want to keep the property.
Addressing Child Custody Issues When Parents Live in Different States
In a divorce or family law case involving minor children, parents have many important issues to resolve, particularly when it comes to each parent’s custody and visitation rights. Unfortunately, these issues often become contentious, in part because of the strong emotions that they are likely to bring to the forefront. Other factors, including where each parent lives, can make for additional complications. If you and your child’s other parent live in different states, you may need to prepare for some unique challenges when addressing legal custody concerns.
Does Texas Have Jurisdiction Over Your Custody Case?
If you live in Texas while your child’s other parent lives in another state, one of the first things you will need to determine is whether the state of Texas has the authority to hear your child custody case. Based on the terms of the Uniform Child Custody Jurisdiction and Enforcement Act, Texas typically only has jurisdiction when it is considered to be the child’s home state.
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