When a Child Is Born Out of Wedlock in Texas Who Has Custody of the Child?

Not all that long ago it was uncommon, and certainly frowned upon, for a child to be born out of wedlock in the United States. In the 21st century, however, more and more couples are choosing to delay marriage, or to not marry at all. This does not mean they are choosing not to have children. The result is a significant rise in the number of children born out of wedlock in the U.S., which raises some important legal questions for everyone involved. For example, when a child is born out of wedlock in Texas, who has custody of the child? Whether you are the mother, the father, or even a relative of the child in question it is important to understand the legal answer to this question. Although society has largely accepted the concept of co-habitation in lieu of marriage at this point, the law has yet to catch up. When it comes to a child born outside the bounds of matrimony the law is very clear on the subject – the mother has full parental rights to the child and the father has none u
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Can I Go to Jail for Not Paying Child Support?

If you are the parent of a minor child in the State of Texas and you have been ordered to pay child support for that child it is imperative that you take your support obligation seriously because failing to pay child support can have serious negative consequences. In fact, it is even possible that you will go to jail for not paying child support in Texas. The worst thing you can do is ignore the problem if you find yourself unable to comply with the court order. It might be possible to modify your current support order or there may be an affirmative defense that could prevent you from ending up in jail; however, doing nothing is almost guaranteed to have unwanted consequences. Although only an experienced Texas family law attorney can provide you with specific advice regarding your situation, some general information about failing to pay child support in Texas may be beneficial in the meantime. When the parents of a minor child go through a divorce, or when paternity is established fo
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What Is the Process to Adopt in Texas?

Adopting a child is one of the most important things you will do during your lifetime. After all, adoption creates or enlarges a family. If you have never been through the adoption process before it can certainly seem intimidating. The old adage “knowledge is power” applies here. Once you know the overall process to adopt in Texas you may find that the prospect of going through the process doesn’t seem quite as intimidating. There are several different types of adoption that you may wish to pursue, including: · Agency adoption – involves using a licensed adoption agency to help find a child. · Private adoption – usually uses an attorney or physician to bring a birthmother and adoptive parent together. · Child protective agency adoption – adopting a child who is in foster care or whose parents have already had their parental rights terminated by the State of Texas. · Family adoption – this includes step-parent adoption, a grandparent adopting a child, or any other ado
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Why Do I Need a Pre-Marital Agreement?

Once upon a time, the mere mention of the term “pre-marital agreement” typically sent a prospective bride (or groom) running in the opposite direction from the alter. The reason for this was found in the negative perception most people used to have with regard to the reason why a pre-marital agreement might be needed. In recent decades, however, the negative connotation once associated with a pre-marital agreement has all but disappeared, leading to increased use by couples planning to marry. If you are planning to be married in the near future you may be wondering why you would need a pre-marital agreement. A pre-marital agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage. In the State of Texas, the Uniform Pre-Marital Agreement Act, or UPAA, governs the creation and enforcement of pre-marital agreements. According to UPAA, a pre-marital agreement may cover: · the rights and obligations of each of the parties in
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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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