What Is Legal Custody in Texas?

When the parents of minor child are married and living together with the child, the parent share equally in the benefits and responsibilities of parenting. If, however, the parents are divorced, or were never married to begin with, those benefits and responsibilities must be legally attributed to the parents. For example, the child will live with one of the parents the majority of the time while the other parent pays child support. “Custody” of a minor child is not as simple as that though. In the State of Texas, like in most states, a parent maybe awarded physical custody of a child, legal custody of a child, or both. If you have been awarded legal custody of your minor child the first question you may have is “What is legal custody in Texas.” The State of Texas acknowledges two types of custody – “conservatorship” and “possession and access.” Possession and access covers what other states refer to as “physical custody” while conservatorship is used to refer to
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Recent Court Victory on Interesting Facts

I recently tried and won a child custody case for a Dad in one of the District Courts in Collin County where the Judge is well known for being pro-Mom. Not only that, but we had a rather uphill battle: W was a stay at home Mom caring for 3 small kids; H had taken an IT job in another state near the West coast out of necessity and had been living there for several years and had only returned sporadically to see the kids; and H had first hired another attorney in the case who talked him into letting her keep custody for temporary orders and committed him to paying quite a large level of support. However, once I was hired by Dad, based on some things he said about his W that just didn t sound right, he agreed with my suggestion to let me depose her. While deposing her, we discovered a number of odd things about her and became concerned for the children s welfare. Shortly thereafter, the children made an outcry of having been emotionally and physical abused, which caused me to file a Pro
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Can a Mother Decide to Forego Child Support and Not Give a Father Parental Rights in Texas?

The law imposes both rights and responsibilities on the parents of a minor child in the State of Texas. When the parents of a minor child decide to terminate their relationship with each other it can raise some complicated issues relating to those rights and responsibilities. When the parents of a minor child are legally married at the time of the child’s birth, parental rights to the child are established for both parents when the child is born. If the parents later divorce, what happens to the father’s parental rights to the child and is he required to pay child support? Likewise, if the parents were not legally married at the time the child was born and later decide to end their relationship, does the father have rights to the child and are those rights tied to the payment of child support? Finally, can a mother decide to forego child support and not give a father parental rights in Texas? As long as the parents of a minor child are together, issues relating to the support of t
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How Much Does a Divorce Cost?

No one enters into a marriage with the belief that it will end in divorce. Unfortunately, about half of all first marriages in the United States, and even more second and subsequent marriages, do end up in divorce. If you are contemplating ending your marriage, or have already made the decision to do so, one question you may have is “How much does a divorce cost?” Because of the numerous unique facts and circumstances surrounding a divorce only an experienced Texas divorce attorney can provide you with an estimate for your specific divorce; however, it may help to know what factors typically influence the cost of a divorce. You undoubtedly know someone who went through a nightmare divorce that cost them a substantial amount of money in the end. Everyone knows someone like this. Conversely, however, you probably also know someone who went through the divorce process with very little stress and expense. Both of these extremes are possible. Where your divorce falls on this spectrum w
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A Father’s Visitation Rights: What You Need to Know

Not all that long ago custom dictated that when the parents of a minor child separated the child would remain with the mother absent a compelling reason for the father to retain primary custody of the child. Post-divorce, a father was typically entitled to see the children for one week-end a month, a week or two during the summer, and occasionally on major holidays. A father who chose to fight for more than the token visitation he was allotted usually had an uphill battle. Fortunately, times have changed considerably since then. Today, both society as a whole, and the law in particular, expects a father to take a much more active role in parenting his children post-divorce. If you are a father who recently made the decision to end your marriage, or who is contemplating same, you need to know what the law in the State of Texas says about a father’s visitation rights. Like most states, Texas now uses the “best interest of the child” standard when making all decisions relating to c
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Can I Move the Children Out of State If I Live in Texas?

When the parents of a minor child do not live together, either because of divorce or because they were never married to begin with, the child usually spends the majority of the time living with one parent. A schedule is usually in place that allows the other parent to enjoy parenting time with the child as well as long as the parents live relatively close to one another. What happens though if you are the primary custodial parent and you wish to move out of state? Can you move the children out of state if you currently live in Texas? While it is possible to move out of state with a minor child, you cannot simply pick up and leave the state without facing serious legal ramifications in the State of Texas. In Texas, the parent with whom a minor child lives the majority of the time is referred to as the “primary managing conservator.” In cases where both parents are awarded the right to make major decisions relating to the child the term “joint managing conservators” is used. If
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What Are the Grounds for Having a Marriage Annulled in Texas?

Three wedding rings stacked on a dark background The decision to get married is one of the most important decisions you will make over the course of your lifetime. When you do make the decision to wed you make it with the hope that the marriage will last for a lifetime. Unfortunately, not all marriages do last. In fact, about one in two ends in divorce in the United States. Divorce, however, is not the only way to end a marriage. In some situations, annulment is also an option. If you would prefer to have your marriage annulled, the first thing you need to know is the answer to the question “What are the grounds for having a marriage annulled in Texas.” Although divorce and annulment both end a marriage, there is one significant difference between the two options. Divorce legally ends a valid marriage whereas an annulment is a court order stating that the marriage is null and void, effectively saying that the marriage never existed. People prefer to seek an annulment for a variety
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