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Recent Blog Posts
Legal Separation in Texas
Many states have procedures in place to help couples obtain a legal separation prior to divorce. Unfortunately, Texas is not one of those states, as it does not recognize legal separation. However, it is possible for couples to enter into a contractual separation agreement that resolves property division and child custody related issues before obtaining a divorce. While courts do not sign off on these contracts, the terms of the agreements can be used at a later date during divorce proceedings. For this reason, it is extremely important that if you are considering a divorce and want to enter into a separation agreement, you speak with an experienced complex divorce attorney who can ensure that the contract’s terms are enforceable.
Legal Separations
While there are no Texas statutes that specifically address legal separations, couples are permitted to enter into legally binding separation agreements while they are informally separated. These contracts can include provisions regarding a number of legal issues, including:
Temporary Orders and Modifying Primary Conservatorship in Texas
In May, the Texas Legislature passed House Bill 1495, which prohibits courts from temporarily granting a parent the exclusive right to determine a child’s primary residence in certain cases. For instance, the law will only apply in situations where two parents have agreed that neither will have the exclusive right to decide where their child lives. This means that when no parent has been granted the exclusive right to decide where a child will primarily reside, courts cannot step in to grant this right to one of the parties temporarily while a suit for modification is pending. The law went into effect on September 1st, so if you have questions about how it could affect your pending child custody case, please contact an experienced complex child custody attorney who can explain your options.
Restrictions and Exceptions
In addition to prohibiting courts from granting a temporary order that gives one parent the right to choose a child’s primary residence, the new law also states that no temporary order can change or eliminate the geographic area within which a parent must maintain a child’s primary residence. This means that when a suit for modification of an order is pending, judges are not allowed to permit one parent to take the child outside of a certain geographic area, as this would essentially give that individual primary custody. However, these limitations only apply when a suit involves the modification of an order that provides for one of the following:
Disputing a Premarital Agreement
Premarital agreements can help ensure that in the event of a divorce, both parties will have a clear understanding of their assets and liabilities. However, premarital agreements are not always enforceable, in which case, a couple may need to reevaluate property division issues, so if you believe that your premarital agreement does not conform to the state’s requirements, please contact a complex divorce lawyer who can explain your options.
Voluntary Signatures
In order to be considered valid, a premarital agreement must be in writing and signed by both parties. Even when these technicalities have been honored, an agreement can still be challenged if one of the parties alleges that at least one of the signatures was not voluntary. To establish that a signature was not voluntary, the party may need to provide evidence that the document was signed under duress, fraud, or undue influence.
Who Gets the Family Pet in a Divorce?
Although many families treat their pets like members of the family, the reality is that for the purposes of deciding who gets the pets in a divorce, animals are legally considered property in Texas. This means that if a couple is unable to come to an out-of-court agreement about who will get custody of the pet, the court will assess the situation based on community property law. This can have unfair results, so if you are going through a divorce and have questions about who will retain custody of your family pet, please contact a family law attorney who has experience in complex property litigation matters.
Community Property Rule
Because animals are considered property in Texas, courts will apply the standard community property rules when deciding pet custody issues. This means that the court will attempt to divide the property in a way that is equitable. When a family pet is the property at issue, the court may assess who has historically been the pet’s primary caretaker, evaluate each spouse’s living situation, and if a couple has children, determine whether they are especially attached to the animal.
Child Custody and Family Vacations
Summertime is one of the best opportunities to go on vacation with the kids, as parents may have time off from work and children do not have to miss school. Unfortunately, these types of family vacations can become difficult to plan after a divorce, especially when a couple’s schedules and living arrangements have changed. Texas law helps simplify these problems by outlining procedures regarding vacations for parents who share custody of their children. However, navigating the state’s sometimes complex statutes can be frustrating, so if you have planned a vacation with your children and have questions about your legal rights and obligations, it is important to speak with an experienced complex child custody attorney who can advise you.
Summer Vacation
Under Texas law, parents have specific rights of possession during the summer months. For example, according to state law, a possessory conservator can take a child on an extended summer vacation if he or she first:
Can a Child Choose the Custodial Parent?
In Texas, courts are sometimes willing to take a child’s opinion about where he or she wants to live into consideration when resolving a divorce-related matter. However, the primary focus of all family law judges is the best interests of the child, which means that they will not always take a child’s opinion into account when determining a custody schedule. To speak with an experienced complex child custody attorney about your concerns or questions, please contact a member of our legal team today.
Custody Arrangements
Texas courts presume that it is usually in the best interests of a child to split custody evenly between two parents. This means that parents will have equal decision-making authority and will split physical custody 50/50. The specific schedule, however, will depend on the parties’ circumstances. Custody schedules can also be modified at a later date, which is often necessary when a child enters high school and does not require the same amount of supervision. At this point, judges are also often willing to consider a child’s preferences, which may have changed from when he or she was younger.
Issues to Address after Divorce Litigation
A Texas divorce proceeding or child custody proceeding can bring about a host of changes to your life and the life of your children. Some of these changes may be unwelcome and unpleasant, such as having to move to another residence or even having to seek and obtain a protective order. Nonetheless, it is imperative that you approach these types of proceedings knowing that changes are not just a possibility, they ought to be expected.
Four Things Likely to Change in Your Texas Family Law Case
Litigants in a divorce or child custody proceeding can expect to make at least four changes during the course of their case:
- Change of residence: In nearly every divorce, one litigant will be awarded the marital residence and the other will be forced to find an alternate residence. While courts tend to award the marital residence or primary residence to the parent who will assume primary parental control over the couple’s children, this is not always the case.
Annulling the Marriage of a Minor
Many couples who wish to end their marriage do not have to obtain a divorce, but can instead file for an annulment. However, there are only a few specific justifications for annulling a marriage, one of which is that one of the parties was underage at the time of the marriage. Filing for an annulment is complicated, so if you have questions about annulling your marriage or the marriage of your underage child, it is important to contact an experienced divorce attorney who can explain your legal options.
Underage Marriage
Until recently, Texas law allowed parents to consent to the marriage of their child as long as the minor was at least 16 years old. This was true even if one of the child’s parents did not consent to the marriage. Furthermore, a parent could consent to the marriage of a child of any age as long as a judge approved. Governor Abbott recently signed a new bill into law which prohibits people who are under the age of 18 years old from getting married unless they are emancipated minors. In Texas, minors are only permitted to file for emancipation if they are 16 years old, so now the youngest age that a person can get married in Texas is 16 years old.
New Law Changes Requirements of Child Custody Evaluations in Texas
Last month, a new law was enacted that will change how child custody evaluations are undertaken in the state, while also providing protection from liability to third party evaluators. These evaluations are often necessary before courts make child custody determinations and so can have serious implications on a court’s decision. To learn more about what child custody evaluations entail, please contact an experienced complex child custody attorney who can address your concerns.
Ordering a Child Custody Evaluation
Under the new law, the court can order a child custody evaluation regarding:
- A child;
- A party to the suit; and
- The residence of any person requesting custody.
Once a decision has been reached, the order for a child custody evaluation must include specific information, such as:
- The name of each party who will conduct the evaluation;
New Bill Proposes Changes to Temporary Orders
A recently introduced bill could have a substantial impact on what courts are permitted to include in temporary orders during a family law dispute. The bill has not been passed, but is currently being reviewed by one of the House of Representatives’ committees.
Temporary Orders
Under current law, courts are permitted to grant temporary orders during appeals of family law matters. These orders can direct one or both parties to:
- Support the other spouse;
- Pay the other party’s reasonable and necessary attorney’s fees and expenses;
- Appoint a receiver for the preservation and protection of the parties’ property; and
- Award one spouse exclusive occupancy of the parties’ residence.
If passed, HB 1617 would also allow courts to grant a temporary order that:
- Enjoins one party from wasting or transferring the property awarded to the other spouse; or
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