Family law addresses a wide range of legal concerns that include divorce, the specific terms of divorce, post-divorce modifications, child custody outside of marriage and divorce, paternity, and adoption.
If you are facing a family law case, the surest means of protecting your rights and supporting a favorable outcome is with an experienced Round Rock family law attorney in your corner.
Child Custody When You’re Not Married
You and your children’s other parent don’t have to be married to establish your parental rights through a child custody case in the event you break up. In Texas, child custody breaks down into both physical and legal custody.
Physical Custody
Physical custody determines parenting time, which specifies when the children are with one parent or the other. Texas courts base child custody determinations on the best interests of the children, which generally means affording each parent ample visitation.
One parent may, however, become the primary custodial parent, which means having more time with the children than the other parent does.
Legal Custody
Legal custody determines how you and your ex will go about making primary parenting decisions on behalf of your children. The kinds of decisions involved include the following:
The health care your children receive
Where your children attend school or daycare
The extracurriculars and travel that your children participate in
The religious upbringing that your children receive
Only if there is a significant reason for doing so will one parent be cut out of legal custody, and joint legal custody can take any one of the following forms:
Making the decisions together
Making the decisions together but one parent having tie-breaking power
Dividing the decisions between you according to category
Best Interest Factors
The kinds of factors that Texas courts consider when making child custody decisions include all the following:
The developmental stage of each child
The overall mental and physical health of each child
Each child’s age and their physical, medical, and educational needs
Any special needs any of the children have
Each parent’s ability to adequately address each of the children’s needs
Each parent’s overall mental and physical health
The relationship each parent has established with each of the children
The degree to which each parent has been involved in raising the children to the present point
Each parent’s commitment to supporting the other’s ongoing relationship with the children and to engaging in effective co-parenting
The preference of each child who is considered mature enough to share their thoughts
The degree to which the children’s status quo – or their current living situation – is serving them well
Whether domestic violence, child abuse, or child negligence is an issue
The distance the parents live from one another
Each parent’s work schedule
Any other factors that are deemed relevant to the case at hand
A trusted family law attorney has the skill and legal insight to help protect your parental rights throughout the legal process whether you’re divorcing or are breaking up with your children’s other parent.
The Terms of Divorce
The terms of divorce are common family law concerns. Child custody is resolved according to the children’s best interests regardless of whether a divorce is involved or not. The other primary divorce terms include the following:
Child support
The division of marital property
Alimony – or spousal maintenance
Child Support
Child support is calculated the same way whether the parents are divorcing or not. While the court has the discretion to deviate from the state’s standard calculation guidelines, the primary factors are generally the amount of time each parent spends with the children and each parent’s net income.
Even when parenting time is split evenly, however, the higher earner generally makes the child support payments. Child support is calculated according to the number of children addressed by the order, and it works like this:
The parent with the child support obligation pays 20 percent of their net income for one child.
The parent with the child support obligation pays 25 percent of their net income for two children.
The parent with the child support obligation pays 30 percent of their net income for three children.
The parent with the child support obligation pays 35 percent of their net income for four children.
The parent with the child support obligation pays 40 percent of their net income for five children.
The parent with the child support obligation pays at least 40 percent of their net income for six or more children.
The Division of Marital Property
The division of marital property in Texas amounts to a just and right – or fair – division of those assets that the couple, either separately or together, acquired during their marriage. While the presumption is that assets will be divided equally between the spouses, there are circumstances that support an uneven division.
Separate assets refer to properties that each spouse owned prior to marriage and kept separate throughout the marriage. They remain the original owner’s separate property.
Texas courts begin with the presumption that all assets are marital, which means the spouse who claims an asset as separate is tasked with proving it—and any commingling of marital and separate property can make this more difficult to accomplish.
Alimony
In Texas, alimony is called spousal maintenance, and it is only awarded when one spouse is left without the financial ability to address their own reasonable needs while the other has the financial ability to help.
Alimony is generally reserved for marriages lasting at least 10 years. It’s designed to help the recipient gain greater financial independence through further education or job training.
Divorce Term Modifications
The terms that you receive at the time of your divorce reflect your situation at that point, but if the relevant circumstances change significantly, a modification – for any term other than the division of your marital property – may be in order.
In order to obtain a divorce term modification from a Texas court, you’ll need to demonstrate that the relevant circumstances have changed significantly. Common examples include the following:
A parenting time modification may be supported by a shift in one parent’s work schedule.
A child support modification may be supported by a significant increase or decrease in the payor’s earnings.
An alimony modification may be supported if the recipient begins living with a romantic partner. If the recipient of alimony, however, remarries, the payor’s obligation ends automatically, and there’s no need to pursue a modification.
A post-decree modification can play an important role in your future, and because the stakes are high, you’re always well advised to have a dedicated family law attorney on your side.
Legal Separation
Texas doesn’t recognize legal separation, which means that married couples are married until they divorce. This can impact the outcome of your divorce in a range of ways. To begin, the debts and assets that either of you accumulates during your separation are marital in nature and will need to be addressed as such upon divorce.
Further, if either of you cultivates a new romantic relationship during your separation, it amounts to adultery in the eyes of the law and can potentially support a fault-based divorce, which can translate to improved terms for the other spouse.
Common Law Marriage
Texas does recognize common law marriage, which is a marriage contract that isn’t established in the traditional way. For a couple to be considered married as a matter of common law, each of the following must apply:
The two of them must consider themselves married.
The couple must hold themselves out to others as married.
The couple must live together in the same way that married couples do.
While many people think there is a magic amount of time that transforms a relationship in which a couple lives together into a common law marriage, this isn’t the case in Texas. Once a common law marriage is established, however, the couple must pursue a divorce like any other married couple in the event of a breakup.
Paternity
When a married couple has a baby in Texas, each parent is established as the child’s legal parent. When the couple isn’t married, however, the matter of paternity – or of who the child’s father is – must be established through legal means. In order to do so, there are a range of options that include the following:
The parents can submit the necessary paperwork, which must be signed by both, in the hospital at the time of the child’s birth.
The parents can file the necessary paperwork with the state at a later date.
Either parent can request that the state establish paternity, which is generally done through genetic testing.
The state can require genetic testing to establish paternity, which is usually triggered by the mother pursuing support for the child through state services.
Determining who a child’s father is can benefit everyone involved – along with the state – in all the following ways:
The child is less likely to require the services provided by the state.
The mother and child are likely to be better off financially – in response to the father’s child support obligation.
The father and child can both benefit from the relationship they establish with one another
The mother is able to share her parenting duties to one degree or another.
The child can receive benefits that flow from the father, such as employer-sponsored healthcare coverage, disability or veterans benefits, and beyond.
The child gains inheritance rights through the state’s law of intestacy.
The child has a more complete family health history.
The child may have a larger support system in terms of their extended family on the father’s side.
Establishing paternity is often a complex legal matter, but a focused family law attorney is standing by to help.
Adoption
Adoption helps many couples grow their families, and while it’s a wonderful option, the legal intricacies are considerable, and having professional legal representation backing you up is always to your advantage. The requirements for adoption in Texas include all the following:
You must be at least 21 years old, be financially capable of raising a child, and be a responsible adult.
You must successfully complete the application process.
You must share a considerable amount of information about your lifestyle and background.
If you are married, you must provide proof of marriage, and if you’re divorced, you’ll need to provide proof of divorce.
You must provide references that include both relatives and nonrelatives.
You must submit to a background check that includes a complete criminal history as well as a check for either abuse or neglect – and every adult in your household must do the same.
You must agree to a thorough home study, which involves the person conducting the study visiting with every member of your household.
While you don’t have to be married in order to adopt in Texas, you and your spouse must adopt together if you are.
Your primary responsibilities as an adoptive parent in Texas include each of the following:
Providing your adoptive child with a permanent home.
Making a lifetime commitment to your adoptive child.
Tending to your adoptive child’s overall mental, physical, and emotional health and well-being
Providing for your adoptive child’s full scope of short- and long-term needs, including in relation to educational, social, and cultural matters
Discuss Your Case with an Experienced Round Rock Family Law Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is an accomplished Round Rock family law attorney who is committed to harnessing the full force of his considerable experience and legal skill in pursuit of your case’s best possible resolution.
We’re here to help, so please don’t hesitate to contact or call us at 254-781-4222 and schedule your free consultation today.