Family Law covers areas such as divorce, adoption, custody, child support, paternity, and more. Please choose from the categories below to see more specific information on your area of need.
(Please click on a title below to learn more.)
An annulment is not the same thing as a divorce. If an annulment is granted, it means the marriage "never happened."
There are strict guidelines and limitations for annulments, but qualifying unions can be "erased." An appointment to review your specific facts will be necessary.
In Texas, both parents have a duty to support their children; not just the parent who has custody. Child support is based on the amount of income earned by the parent who does not have physical custody of the child. There are specific charts used to determine the proper amount of child support. Adjustments are made in child support for special-needs children; and credit is given for health insurance coverage.
Related issues are Attorney General actions for establishing child support, back-due child support, and increasing or decreasing child support based on a change of circumstances.
The Texas word for custody is conservatorship. There are different types of conservatorship based on the ability of parents to work together where the children are concerned, any acts of violence by the parents, and other factors.
Other issues include properly calculating child support, visitation schedules, and health insurance.
Texas allows for a divorce to filed on "grounds", for example adultery or mental cruelty, and also on basic insupportability of the marriage-the parties can't get along any more as husband and wife.
Issues in a divorce include dividing community property (that which is acquired during the marraige), defining and awarding separate property (acquired by gift or inheritance), custody, child support, visitation, name changes, spousal support, and protective orders in situations where physical violence has occured.
Paternity is the legal act of determining who is the father of a given child.
A man can admit paternity (being the father), or DNA testing can be used to determine fatherhood. Related issues once paternity is established are child support, custody, possession schedules for visitation, and health insurance for the child.
The Texas legislature has established a ‘Standard Possession Order’ for parents who live within 100 miles of each other and one for parents who live more than 100 miles apart. The Standard Possession Order is a good beginning point, but it is not written in stone and more and more parents are adopting more creative ways of sharing time with their children. Some parents agree that it is in the best interests of their children to spend alternating weeks with each parent. Many other parents have devised schedules that differ dramatically from the Standard Possession Order. The legislature and most courts agree that the Standard Possession Order is rarely the best schedule for children under three years of age.
Consideration should be given to individual factors including the child’s school schedule and activities, the parents’ work schedules, and the ability of the parents to co-parent.