Texas courts treat a common law marriage the same manner as traditional marriage, given that the spouses are able to prove the marriage is legitimate. Separating common law marriage partners must file for divorce, and follow the same rules for division of property, child custody, and child support as traditionally married couples. What constitutes common […]
Family Law Articles
Child Custody in Common Law Marriages
There is very little difference between a traditional marriage and a common law marriage in Texas. Therefore, when a couple who the law considers to be in a common law marriage decides to separate, the court handles things like child custody the same as in a traditional marriage divorce. Both Parents Have a Right to […]
What effects do Texas custody laws have on a parent moving out of state?
Child custody matters can be complicated and heart wrenching even under the best circumstances. But when a parent is moving out of state, a whole new level of complex issues arise. Texas courts refer to custody as “conservatorship,” which they can award to one parent (sole conservatorship) or both (joint managing conservatorship). Texas custody laws […]
Financial Disclosure for Alimony Settlements
Texas requires full financial disclosure if one spouse seeks alimony or spousal payments. The current Texas statutes outlining spousal maintenance, or alimony, went into effect in September of 1995, state that courts will only award alimony if: The marriage lasted 10 years or more and the spouse seeking support can prove that she cannot provide […]
The Child Support Review Process in Texas
Many divorcing or divorced couples are able to put their differences aside in order to negotiate custody and child support agreements that are in the best interests of their children. The state encourages this type of co-action, and offers these parents an alternative to having a judge decide child support, called the Child Support Review […]
Drug Tests in Child Custody Cases
There are a number of reasons why a court may order drug tests during a pending divorce. Active drug use is of extreme relevance with regard to child custody and visitation. Under Texas child custody laws, courts must consider the various factors comprising the “best interests of the child” standard, used nationwide to help ensure […]
How might a guardian ad litem affect a child custody case in Texas?
Courts do not appoint guardian ad litems (GALs), unbiased third party volunteers who represents the best interests of the child, in every child custody case in Texas. The court usually only appoints a GAL in situations where there is abuse, for adoptions, when terminating a parent’s rights, or in other cases where the child must […]
What factors are considered in determining custody of a special needs child in Texas divorce?
Divorce is never easy. It is not an easy decision for the adults involved, and certainly cannot be easy when there are children in the family. But when parents of a child with special needs in Texas divorce, there are even more complications, such as custody of the special needs child. If you are getting […]
How Mental Illness May Affect Child Custody
When parents divorce, they have to make a determination about who will have custody of the child. Parents must create a parenting plan together that details with whom the child will live and visit and more – the court will then adapt (if necessary) and finalize the parenting plan and order both parents to follow […]
Child Custody Factors Texas Courts Use to Make Their Decision
Custody battles are some of the most difficult, stressful situations parents go through during a divorce. The fear of losing time and privileges with your child can be absolutely suffocating. What child custody factors do the courts use to make a decision, and how can you put your best foot forward during litigation? When a […]
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