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How to Establish Paternity in Texas
Aside from the many emotional implications of establishing paternity, there are also a variety of practical advantages. For example, establishing paternity gives a father certain parental rights, including claims to visitation and child custody. Unfortunately, the process can be complex and time-consuming, so if you are interested in establishing or denying paternity, it is important to contact an experienced child custody attorney.
Establishing Paternity
There are a few different ways to establish a father-child relationship, including:
- By presumption;
- Through an acknowledgement of paternity;
- By court order; and
- Through an adoption.
Presumption of Paternity
A man is presumed to be the father of a child if he:
- Is married to the mother of the child and the child was born during the marriage;
Grandparents’ Rights
The presence of extended family members can play an important role in the life of a young child. In most cases, parents are only too happy to involve their own parents in the lives of their children. When parents restrict visitation, however, some grandparents may attempt to obtain a court order allowing visitation. Obtaining this type of court order can be an uphill battle, which makes it especially important to retain the services of an experienced child custody attorney.
Filing a Lawsuit
To request possession of or access to a grandchild, a biological or adoptive grandparent must file either:
- An original suit; or
- A lawsuit for modification.
In Texas, most courts will only hear a case involving grandparent visitation if visitation is in the child’s best interest. Although the custody statute does not provide specific factors to help a court determine whether visitation or custody is appropriate, there are certain conditions required to establish grandparent visitation rights, including whether:
Child Custody Agreements and Relocation
A custodial parent’s decision to relocate with his or her child can wreak havoc on an already precarious and complex child custody situation. Unless both parents reach an agreement, noncustodial parents have the option of objecting to the intended move and leaving it up to a family court to decide whether relocation is in the best interest of the child.
Geographical Restrictions
In Texas, courts have the power to determine geographic restrictions for a child’s primary residence as part of a custody agreement. If a custodial parent wishes to relocate, he or she must obtain a court order modifying the custody agreement. However, even if there is no geographical restriction in the custody agreement, the custodial parent must still give the noncustodial parent notice if he or she intends to move. If the noncustodial parent objects to the move, he or she must file an application for a temporary restraining order, which will prevent the other party from relocating with the child until a hearing on the issue has been held.
Concerns When Dividing a Spouse-Owned Business
A closely-held business is often the most valuable asset in a high net worth divorce, from both a financial and emotional standpoint. Financially, a business is often a couple’s primary income source, and many spouses may be hard-pressed to find alternate employment if the business is removed from their lives. Emotionally, all business-owners know the level of investment required to make a business succeed, particularly from a time standpoint. As a result, for many owners, divorce from their businesses may be as emotionally jarring as divorce from their spouses.
In many cases, the ex-spouses can set aside their personal differences, at least to an extent, and the business can continue operating. In other cases, one spouse is able to buy out the other spouse, through a cash payment, an offset elsewhere in the property settlement, or a combination of both. If neither of these things are in the cards and it is in the best interests of everyone that the business be sold, there are a number of issues that often crop up during the valuation process.
Drafting a Parenting Plan
Since 2005, all couples involved in custody proceedings are required to submit a parenting plan setting out the duties and rights of both parties. Unfortunately, it can be difficult to come to an agreement regarding access to the child or which parent will provide the primary residence. Judges are then required to modify or create the plan themselves, meaning that the couple has little control over the outcome of the custody proceedings. If you or a loved one are involved in custody negotiations, it is important to contact an experienced child custody lawyer who can help you successfully navigate the process while protecting your interests.
Parenting Plan Basics
In order to be approved by a judge, a parenting plan must:
- Set out the rights and duties of a custodian;
- Designate certain periods of possession and access to the child;
- Provide for child support; and
New Law Amends Child Custody Evaluation Requirements
As of March 1st, Texas family courts began applying new standards to child custody evaluations. These court ordered evaluations are performed by experts who are trained to make determinations regarding the fitness of parents as well as the suitability of their respective homes as a residence for the couple’s children. The evaluator’s report is then used as evidence during the custody proceeding. The new law made important changes to evaluator eligibility requirements, conflict of interest and bias issues, and clarified the required elements of an evaluation. Custody evaluations can have a significant impact on the outcome of a custody case, so if you are considering divorce or are involved in a custody dispute, it is important to contact an experienced complex child custody attorney who will aggressively protect the interests of both you and your child.
Evaluation Orders
Dividing Community Property in a Divorce Proceeding
Divorces are notorious for being time-consuming, emotionally draining, and financially taxing. Unfortunately, in Texas, this is often exacerbated by the unique legal process required to divide community property. In many cases, most of a couple’s assets fall under the category of community property and an unfair division could be devastating, so if you or a loved one is considering a divorce, it is vital to speak with a complex property litigation attorney who is familiar with the process and will aggressively represent your interests.
Separate Property v. Community Property
The Texas Constitution specifically defines separate property as any property that was:
- Owned or claimed by the spouse before marriage;
- Acquired by the spouse during marriage by gift or as an inheritance; and
- Recovered by a spouse during marriage for personal injuries, although this does not include any compensation ordered for the loss of earning capacity.
Child Custody Issues
In Texas, the legal rights and responsibilities of a parent who retains custody of a child is referred to as a conservatorship. Although a family law judge can set the terms of a conservatorship, it is much simpler and less stressful if the parents can come to an agreement outside of the courtroom, so if you are considering a divorce, it is important to contact an experienced complex child custody attorney who can help explain your options.
Types of Conservatorships
There are two main types of conservatorships, or custody arrangements in Texas, including:
- Joint managing conservatorship; and
- Sole managing conservatorship.
Joint Managing Conservatorships
In a joint managing conservatorship, both parents share certain rights and duties, including the right to:
- Obtain information from the other parent about the child’s health, education, and welfare;
Property Dispute Roadblocks in High Asset Divorce
When a couple has difficulty seeing eye to eye as they begin the process of ending their marriage, it often takes an aggressive divorce attorney to step in and help address the core legal issues and ensure that the client’s best interest is protected. It is not uncommon for disagreements to arise about everything from alimony and child support to the division of assets and parenting plans.
Property Division According to What Is “Just and Right”
One area in particular that can cause problems for divorcing spouses is the ownership and division of property. Usually, courts in the state of Texas will divide property based on what they believe is best for everyone, taking into consideration the needs of the family, instead of dividing property equally.
Factors such as the spouses’ incomes, the needs of any children involved, and who was at fault for the breakup are all taken into account when property division decisions are made. In some cases, when both spouses agree on the division of property, the court will sometimes approve the agreement and everything is deemed settled. Regardless of how the court arrives at a decision, state law requires the court to approve an arrangement that is “just and right.” This makes splitting property more complex of a matter than merely dividing the ownership down the middle.
When Child Support Cases Go Wrong
Dealing with child support in the midst of a divorce can go one of two ways: The process can either go smoothly or it gets messy. There is rarely any in-between when it comes to agreeing on arrangements and rights between two parties. While some divorcing spouses make it through the transition seamlessly and with mutual understanding – albeit a few minor bumps in the road – other couples are not quite as fortunate.
Child Support Assistance in the State of Texas
Similar to many states, the Office of the Attorney General in Texas is able to assist divorcing spouses with everything from locating an absentee parent and establishing paternity to establishing, enforcing, and modifying child support orders. The state also helps with medical support orders and collecting and distributing child support money.
Applications for child support are accepted by the Attorney General’s Office from any mother, father, or individual who requests the help. The application process is only the first step, however. The initial application process requires you to present the divorce decree, along with your child’s birth certificate and any documents that provide insight to both you and your spouse’s income and assets. You may be required to provide additional documentation if available, such as an acknowledgement of paternity.
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