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Military Deployments and Child Custody
Making custody arrangements is one of the most legally complex and emotionally draining aspects of any divorce. These situations can become even more stressful when one or both of a child’s parents are members of the military. Although Texas family law specifically addresses these issues, navigating the court system and fulfilling procedural requirements can still be difficult, so if you are considering a divorce and either you or a spouse are a member of the military, it is critical to contact an experienced complex child custody attorney who can help explain your legal options.
Deployment of a Custodial Parent
Many custodial parents are also members of the armed forces and so are subject to deployment. In these situations, Texas law permits custodial parents to designate another person to take temporary custody of the child. After assessing the child’s best interests a court will grant custody to one of the following individuals:
Court-Ordered Holiday Visitation Schedules
In Texas, parents who are involved in divorce proceedings have the option of drafting a parenting plan that sets up a specific visitation schedule. However, when a couple is unable to come to an agreement, the court may choose to implement the standard visitation schedule created by statute, which guarantees parents visitation with their children on certain holidays. Determining when a parent has visitation with his or her child can be difficult and emotionally taxing, but by failing to come to an agreement outside of court, parents largely give up their control over the terms of the custody arrangement, which can lead to an unsatisfactory result for all parties. If you are considering a divorce and have questions or concerns about visitation on holidays, it is important to obtain the advice of an experienced child custody attorney who can help you draft a parenting plan that is in your child’s best interest.
Determining Child Support in Texas
In Texas, parenthood comes with certain legal responsibilities, such as providing for a child’s financial needs. While most child support awards are determined during divorce proceedings, courts can also order payment when a child’s parents are unmarried. If you live in Texas and have questions or concerns about child support, it is important to contact an experienced child support lawyer who will aggressively represent your child’s interests.
Calculating Child Support
Each child support arrangement is based on what the court deems is in each child’s best interest. To simplify the process, however, Texas lawmakers provided a formula to help courts determine the appropriate amount for a child support award. The calculation requires parents to provide proof of their annual gross income, which includes:
- Earned income;
Spousal Maintenance Awards
Aside from custody issues, one of the most contested matters in a divorce proceeding is property division. As part of determining which party will be granted ownership of certain assets, courts often take into account whether one spouse will be required to provide the other spouse with periodic maintenance payments. Determining whether a spousal support award is appropriate can be a difficult matter to resolve and can also have serious financial repercussions for all parties, so if you are considering filing for divorce and have questions about how your marital property will be divided or whether you will be eligible to receive spousal support, please contact an experienced high asset divorce attorney who can help explain your legal options.
Establishing Eligibility
A party can only obtain spousal support if he or she can satisfy specific eligibility requirements. For instance, a party requesting support must provide evidence that he or she lacks sufficient assets to provide for his or her reasonable minimum needs and:
Modifying a Custody Agreement
The primary concern of family court judges when creating a custody agreement is that the arrangement be in the child’s best interest. In some cases, this requires courts to modify an existing custody agreement due to changed circumstances. Establishing that a modification is in the best interest of a child can be difficult, so if you live in Texas and believe that a modification of your custody arrangement is necessary, it is vital to speak with an experienced child custody attorney who can explain your legal options.
Requirements
Either parent can petition the court for the modification of an existing custody arrangement as long as they can provide evidence that modification would be in the best interest of the child and:
- The circumstances of the child, a parent, or another party affected by the order have materially and substantially changed;
Legally Changing a Minor’s Name
After an adoption or disestablishment of paternity, many parents wish to officially change their child’s last name. This process can be complex and requires strict adherence to certain court procedures, so if you are interested in legally changing the name of your child, it is crucial to retain the services of an experienced complex child custody attorney.
Petition Requirements
Only certain individuals are permitted to file a petition to legally change a minor’s name, including the child’s:
- Parents;
- Legal guardians; or
- Managing conservators.
All petitions for a name change must contain specific information, including:
- The child’s current address and full name;
- The full name being requested;
- The reason behind the request for a name change;
Texas Divorce Requirements
In Texas, couples who wish to terminate their marriage must fulfill certain legal requirements before the divorce can be finalized. Ensuring that all of these requirements are met and that all appropriate paperwork is completed and submitted on time can make an already stressful situation even more emotionally taxing, so if you are considering a divorce, it is important to contact an experienced divorce attorney who can help you navigate the process as smoothly as possible.
Residency
In order to obtain a divorce in Texas, couples must meet specific residency requirements, including that one of the parties:
- Has been domiciled in the state for the six months preceding the divorce proceedings; and
- Is a resident of the county where the suit is filed for at least three months prior to the filing.
Grounds for Divorce
How to Establish Paternity in Texas
Aside from the many emotional implications of establishing paternity, there are also a variety of practical advantages. For example, establishing paternity gives a father certain parental rights, including claims to visitation and child custody. Unfortunately, the process can be complex and time-consuming, so if you are interested in establishing or denying paternity, it is important to contact an experienced child custody attorney.
Establishing Paternity
There are a few different ways to establish a father-child relationship, including:
- By presumption;
- Through an acknowledgement of paternity;
- By court order; and
- Through an adoption.
Presumption of Paternity
A man is presumed to be the father of a child if he:
- Is married to the mother of the child and the child was born during the marriage;
Grandparents’ Rights
The presence of extended family members can play an important role in the life of a young child. In most cases, parents are only too happy to involve their own parents in the lives of their children. When parents restrict visitation, however, some grandparents may attempt to obtain a court order allowing visitation. Obtaining this type of court order can be an uphill battle, which makes it especially important to retain the services of an experienced child custody attorney.
Filing a Lawsuit
To request possession of or access to a grandchild, a biological or adoptive grandparent must file either:
- An original suit; or
- A lawsuit for modification.
In Texas, most courts will only hear a case involving grandparent visitation if visitation is in the child’s best interest. Although the custody statute does not provide specific factors to help a court determine whether visitation or custody is appropriate, there are certain conditions required to establish grandparent visitation rights, including whether:
Child Custody Agreements and Relocation
A custodial parent’s decision to relocate with his or her child can wreak havoc on an already precarious and complex child custody situation. Unless both parents reach an agreement, noncustodial parents have the option of objecting to the intended move and leaving it up to a family court to decide whether relocation is in the best interest of the child.
Geographical Restrictions
In Texas, courts have the power to determine geographic restrictions for a child’s primary residence as part of a custody agreement. If a custodial parent wishes to relocate, he or she must obtain a court order modifying the custody agreement. However, even if there is no geographical restriction in the custody agreement, the custodial parent must still give the noncustodial parent notice if he or she intends to move. If the noncustodial parent objects to the move, he or she must file an application for a temporary restraining order, which will prevent the other party from relocating with the child until a hearing on the issue has been held.
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