 |
|
|
This page has frequently asked questions and is divided into major topics.
What is a Joint Managing Conservator? The Texas Legislature has decided that whenever there are children
involved in a custody dispute, that it is presumed to be in those chidlren's best interest to appoint both parents as Joint
Managing Conservators of the children. This term "Joint Managing Conservator" is often misconstrued as split
custody. In actuality, being appointed as Joint Managing Conservators simply means that the parents share in the rights
and duties as parents. It is possible for two Joint Managing Conservators to have joint and equal rights on most things, independent
rights on most things, or some rights could be awarded to one parent for one reason or another.
What is a Sole Managing Conservator?
In contrast to a Joint Managing Conservator, a
parent appointed as a Sole Managing Conservator is awarded the exclusive rights to make some of the major decisions affecting
the child. A parent could be appointed a Sole Managing Conservator by agreement, default, or because of a history of physical
abuse, drug addiction, or other previous history that warrants the appointment.
How is the primary residence determined? Whenever there are children involved in a divorce, the Court will
make a determination of which parent will have the exclusive right to determine the primary residence of the children, unless
the parties agree otherwise. Normally, the court will consider the history of the parent-child relationship, duties,
and responsibilities, and the overall best interest of the children when making this decision. The parent that is awarded the right to determine the primary residence of the chidlren, usually
has possession of the chidlren during the week and receive the child support from the other parent. On the other hand, the parent that is not awarded the right to determine the primary residence of
the chidlren, usually has possession of the chidlren pursuant to the standard visitation schedule and is responsible for paying child
support to the other parent.
What are "grounds" for divorce? The most common ground for a divorce in Texas is essentially a "no-fault divorce".
The legal terminology used in court is that the marriage has become insupportable because of discord or conflict of personalities
that destroy the legitimate ends of the marriage and there is no reasonable ground for reconciliation. Other fault related grounds include, among others, adultery, cruelty, and abandonment.
In some situations, establishing that one spouse is at fault for the dissolution of the marriage, the court is authorized
to divide the community property in a disproportionate manner.
Can my 12 yr old tell the Court where he wants to
live? In a non-jury custody case, a
child twelve years or older can speak with the judge and express their wished, however, the court will still make it's
decision based on the best interest of the child.
Will the Court place a geographic restriction
on my child's residence in our case? Whenever
there are children involved in a custody case, the Court will usually restrict the child's primary residence within a geographic
area, such as within Travis and surrounding counties, or Williamson and surrounding counties. The general purpose for
the geographic restriction is based in the public policy that it is presumed to be in the child's best interest to live in
close proximity to both parents. If you are
currently under a geographic restriction or the other parent is about to move and you want to challenge the restriction or
put one in place, you should contact an attorney immediately.
Do you have any suggestions on minimizing attorney's fees? Yes, click on the link below and read the article entitled "Keeping Attorney's
Fees Down" or watch the video on the same subject. Keeping Attorney's Fees Down (pdf)
How long do I have to live in Texas to get a divorce? Jurisdiction is basically a legal requirement that must be satisfied to have a
divorce granted in Texas. One of the spouses must have resided in Texas for at least 6 months before the divorce was filed
(with some legal exceptions); and one of the spouses must have resided in the County in which the divorce petition was filed
for at least 90 days before.
What are enforcement cases? An enforcement case is typically a situation in which a parent is either failing
to pay child support, allow visitation, or otherwise comply with a prior court order. In some situations, a party can be held
in contempt and jailed. If you find yourself considering an enforcement action against the other parent, you should
discuss all other issues that could be raised at the same time when you consult with an attorney. If you are being sued
for enforcement, you should always seek legal assistance immediatley to fully understand and protect your rights.
What should I ask when I am considering hiring a divorce
attorney? We feel that information is powerful.
We understand that your decision on which attorney to hire is very important. With that in mind, we have created
a video on this topic and a written document that has a compilation of good questions and answers about our firm. After you have
reviewed these materials, you should be more prepared to make your decision. Interviewing a Divorce Attorney (pdf)
What is a modification? Modifications describe lawsuits filed to change an existing order--like a final decree of divorce. Changing family circumstances sometimes make an order out of date and difficult to comply with. How
do you modify child support? Most modification cases relate to the amount of child support. If the party paying child support is making less money than he or she was when the amount of child support was set, then that party may petition the Court to decrease the amount of child support. Similarly, if the party making child support payments is making more income, then the parent receiving child support could ask the Court to increase the amount of child support. Please watch our video on child support for more information. What is a custody or visitation
modification? That is where one parent petitions the Court to change visitation times or conditions or in which the party is seeking to change the parent awarded primary custody of the children during the week.
Can I change my name at the end of my
divorce? TIf you desire to change
your name and you are going through a divorce, you need only request a name change in the legal documents and make sure it
is added to the final divorce decree. After the decree is signed, you can use a certified copy of that decree to notify
other authorities/agencies about your new name.
If my girlfriend and I have a child together and we break
up, how do I formalize my parental rights? You
need to file a paternity action to have the court adjudicate/determine that you are the father. Once that determination has
been made, the court will designate the parental rights that each party has, set child support, and set a visitation schedule.
What are SAPCRs or Suits Affecting the Parent-Child Relationship? Several family disputes may be settled in a Suit Affecting the Parent-Child Relationship ("SAPCR"). In a SAPCR, an unmarried parent may file suit to settle issues concerning paternity, custody, child support as well as visitation for a child. Other related or otherwise qualified adults may also file a SAPCR to seek similar issues concerning a child. If you would like to learn more about SAPCR'S, then please watch our video or schedule a consultation.
Who qualifies for spousal support in Texas after the divorce? A spouse may qualify for spousal maintenance to meet their minimum reasonable needs
after the divorce has been granted if they satisfy one of the following elements: 10 Year Marriage & Lacks Sufficient Resources; or How long can spousal support last?
What is the standard posession schedule in Texas? For most children over three years of age, the Courts typically award a standard
statutory visitation schedule to the parent who does not have the exclusive right to determine the child's residence. The
legislature has held that this standard schedule is in the best interest of the children. However, the Courts do have the
authority to modify the visitation schedule if they see fit or if the parents can agree to other visitation arrangements.
What is a Temporary Orders Hearing? Whenever a family law case is filed, either party may request a
hearing to have the court rule on the temporary rules that will apply while the case is pending. At a temporary orders
hearing, the court has wide discretion to rule on temporary custody, visitation, child support, spousal support, living arrangements,
etc. This is essentially a mini-trial that addresses most of the major issues. After this hearing, the parties
will usually conduct discovery and mediation before going back to court to have a final hearing.
What is a Temporary Restraining Order? A temporary restraining order is a court order that typically states
certain conduct that is prohibited or limited while the case is pending. It typically last 14 days but can be extended
by the court. Some counties, like Travis County, have
standing restraining orders that applies to all family law matters to protect the status quo, minimize conflict,
and prevent the destruction of property/assets.
How long does an uncontested divorce take? An uncontested or agreed divorce will normally take about 60 days due to a state
law that imposes a 60 day waiting period. What
steps involved in an uncontested divorce? 1. File
a original petition for divorce and serve the other party;
What is community property? Community property is all property owned by the spouses at the time of the divorce
which is not separate property. There is a presumption in Texas that all property acquired during marriage is community property.
What is separate property? A married person may identify the following as his or her separate property: (1)
property acquired before marriage, (2) property obtained by gift under a will or through inheritance, and (3) property obtained
with directly traceable separate property funds.
Do you handle adoption cases? Our firm can help you throughout every stage of the adoption process. Generally, an adoption will happen either simultaneously or after the parental rights of the biological parent(s) have been terminated. In some cases, the termination process can be as easy as having the biological parent(s) execute a voluntary relinquishment of parental rights affidavit or it can involve full litigation wherein the fact-finder determines what is in the best interest of the children.
An Executor is the
person in charge of processing your will through the courts, assisting the attorney, gathering assets, creating an inventory,
and distributing the assets in accordance with the will through the probate process. Most married people list their spouse
as the primary Executor, however, this can be anyone you choose.
|
||||||||||
|
|
||||||||||
