How Does the Judge Decide Custody Issues in Texas?

When the parents of a minor child decide to end their marriage, or were never married at all, custody and visitation arrangements for the child must be made. Ideally, the parents are able to reach an agreement outside of the court, thereby avoiding costly and time consuming litigation. If, however, the parties are unable to reach an agreement, the court will have to intervene. If you are concerned that you and your child’s other parent will be unable to reach an agreement without the court’s intervention you undoubtedly want to know how the judge will decide custody issues in Texas. Although every situation is unique, there are some common factors a court will typically consider when making custody decisions in the State of Texas. In the State of Texas, “custody” of a minor child is actually referred to as “conservatorship.” Just as other states recognize two types of custody (physical and legal), Texas also acknowledges the role of “managing” conservator and the role
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How Long Will a Divorce Take in Texas?

For most couples, the decision to end a marriage is only made after considerable thought and contemplation. Though it is often heart-wrenching to make the decision to end a marriage, once the decision has been made you will likely want to get the process over with as soon as possible, leading to the obvious question, “How long does the divorce process take in Texas?” Because each divorce includes a unique set of facts, circumstances, and contested issues it is impossible to provide a universally applicable answer to that question; however, a better understanding of the factors that will impact how long the divorce process takes in Texas may give you a better idea how long your divorce is likely to take. · Notice – once you have initiated the divorce process by filing a Petition for Divorce you must serve your spouse with the Petition and a Summons which collectively serve to put your spouse on notice that the divorce has been filed. If you cannot locate your spouse, or he/she l
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How Does the Divorce Process Work?

The decision to end a marriage is never an easy one. Once it has been made, however, the legal process of divorce must begin. The process itself can be confusing and somewhat intimidating for anyone who has never been through it before. You will likely find yourself wondering “How does the divorce process work?” Because no two divorces are exactly the same, it is always best to consult with an experienced Texas divorce attorney to find out what steps your specific divorce will take; however, there are several steps that are common to almost all Texas divorces, including: 1. Deciding where to file the divorce. In order to file for divorce in, Texas one party must meet the residency requirements. At least one spouse must have been a continuous resident of the State of Texas for at least six months prior to filing the Petition and a resident of the county wherein the divorce is filed for at least 90 days. 2. Preparing the Petition. One party (the “Petitioner”) must initiate the d
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How Are My Children? Non-Custodial Parents Want Answers

One of the biggest challenges for non-custodial parents seeking information regarding their children is dealing with the secrecy found in the way child welfare agencies dole out information.  The National Parent’s Organization even says it’s a system “cloaked in secrecy. While many say it’s for the best interest of the child to not provide any information above and beyond what’s necessary, others say it can become abusive and downright ridiculous. Child welfare agencies responses have varied from statements like “Well, we didn’t want the media to know” to questions like “Why did you not notify the father?” Many of the justifications simply don’t fly. The reality is that the law indeed protects children, as it should, but that should never be used as a catchall for warring former spouses. It can be devastating for a non-custodial parent to be treated as though he or she is going to use information regarding his or her own child in such a way that would allow t
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Child Custody, Unemployment and Sleepless Nights

Texans are a resilient group. We understand struggle, and if you’re in the energy sector, you likely understand it better than anyone. In May, there were more than 101,000 job losses in Texas alone, with at least another 400,000 expected to be cut before the year’s up. Most of these jobs are found in the gas and oil sector. If you’re a father who’s facing a layoff due to the slow crash of the energy sector, you may have questions, especially if you’re seeking custody or have been awarded custody. Of course, no two clients will have the same solutions, but before you assume the worst, why not explore your options or even ensure you’re on the right legal path? Fathers have historically had a steeper climb when it comes to child custody in Texas, but you should know that 10 percent of non-custodial parents in our state are women. And if you’re not the custodial parent, odds are you’re concerned about your child support payments. No good parent wants his or her children to
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Custody Challenges When One Parent Has Addiction Issues

Recently, there have been several major newspapers reporting that one reason the heroin trade is flourishing in this country, and certainly within Texas, is because every day, new people are introduced and ultimately become addicted to the drug. Perhaps most startling is the realization that many heroin addicts are the same ones who, months or years earlier, were injured and were prescribed powerful painkillers. For many, they became addicted but soon realized it was too expensive. Enter heroin. Addiction remains one of the biggest societal challenges in this country. From a family law perspective, the children are the ones who have no say over what Mom and/or Dad are doing, yet their lives will forever be changed because of those choices. This is just the beginning of the custody challenges one may face. Many fathers had no choice but to watch from a distance as their exes developed substance abuse problems, all the while feeling as though their hands were tired. Those scenarios are
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Becoming a Foster Parent in Texas

Those who choose to go through the Texas home fostering program are rewarded with the opportunity of sharing a part of their lives with children who are facing an uphill battle many adults have never faced. These kids, through no fault of their own, are vulnerable and find themselves playing an unfair hand they were dealt. It can be challenging for all parties. It can be exhausting—again, for all parties. It can be the most rewarding experience any of those parties ever have—and that’s always the goal. Becoming a foster parent in Texas, as is the case in every state, has specific compliance guidelines and processes that must be met before an applicant is considered. Here are a few of the basic requirements: Be at least 21 years old; File a complete application; Be financially stable and responsible; Share background and lifestyle information; Provide references: both relatives and non relatives; Provide proof of marriage and/or divorce (if applicable); Agree to a home study, whi
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