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What is child custody order?

Usually no one thinks about child custody until after the fact because no one really needs a child custody order to address the issue until after the divorce or separation from their significant other. If you are not in a relationship or you do not have any child(ren) then you do not need to worry about this issue and it is not worth mentioning to your significant other. Additionally, if you are happily married or happily in a committed relationship right now, perhaps you do not need to worry about it at the moment. However, as I stated previously in my premarital agreement section, we are creature of habits, we like routine, and we are planners. Those traits are what keep us alive and thrive for centuries. So it is never too early to discuss such an issue with your mate to plan for the future. It is best to discuss this issue while you are on good terms rather when you are on bad terms and in the process of separation. But you might ask me: why rock the boat and create more drama where it is unnecessary? But if asking those tough questions regarding child custody and arrangement or being prepared are things that will “rock the boat” then perhaps your relationship is still in a premature stage and need stronger foundation prior to addressing this issue. I am not an expert on relationship nor do I claim to be one. However, I’ve seen the outcome of poor planning and the effects it could have on the child(ren) and the parents.

Finally, child custody order is an order from the court that address the issues of child support, possession and access of the child(ren), rights and duties of the parents, and etc..

Who need child custody order?

One would need a child custody order when one is divorced and the parties have child or children together. One would need a child custody order when the parties are in a committed relationship with child or children and the parties are planning to separate or already separated.

Why do I need a child custody order?

Just like you, your child(ren) love(s) routine and stability. When you and your significant other were living in the same household, your child(ren) are(is) used to such normal routines and used to spend time with both of you. However, when you and your significant other are separated, your child(ren) will no longer have that same routine or shared time as he/she used to have with both of you. This can cause psychological effects and instability for them and for the parents. By having a fixed set schedule for shared time or visitation schedule, you can provide some stability and comfort to your child. Moreover, by having a child custody order, you can plan your week, months, or vacations around such schedule to ensure both parties get to spend time with the child(ren). The child custody order is a parenting plan to help give a set schedule and designate specific rights/duties of the parties so that the Court protect and enforce those rights when there is a conflict between the parties. It protects both parents rights to their child(ren). If one does not a child custody order in place, then when issues such as one parent is not allowing the other parent to see his/her child(ren), then there is no foundation for the Court to enforce his/her parental rights. If you do not have a child custody order in place to designate your time for possession and access of your child(ren), then it is not too late to consult with an attorney to file proper documents to have the court determine that parental rights. Feel free to contact our office for a free consultation so that we can help answer your questions regarding such issues.

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Family Law Q&A

How long must I live in Texas before I can file for divorce?

Generally, you must be domiciled in Texas for six months before the suit is filed and be a resident of the county for the past 90 days.

How will I support myself after a divorce when my spouse was the primary income earner?

Depending on your circumstances and qualification, you may qualify for spousal maintenance. Please consult with an attorney for further details, as no one case is alike.

How do I fight for sole custody of my children?

You must file a SAPCR (Suit Affecting Parent Child Relationship) with your County District Clerk. In the SAPCR, you may request for sole managing conservatorship and state specific reasons for your request. Once properly drafted, you may file the SAPCR with the Court and set the case up for a hearing to prove-up your case. This process is complicated and technical. Please consult with attorney to understand your options prior to taking any action.

What should be included in a prenuptial agreement?

Every prenuptial agreement is custom-made to cater to each individual’s needs. There is no specific or general guideline. However, the purpose of the prenuptial agreement majority of the time is to define what will be separate property, community property, or spousal support.

What is a divorce going to cost me? Can I afford it?
Unfortunately, there are no set numbers on how much your divorce will ultimately cost. You do have several options in lieu of trial that will cut costs such as mediation and settlement discussions.
What forms do I need to file for a divorce in Texas?
You will need the Petition for Dissolution, Case Information Sheet, Summons and any fee waiver document in order to file for divorce. You will then be required to have your spouse personally served with these documents.
What do I need to do to enforce a child support order?

You must consult with an attorney for more details as each case may have different remedies and qualifications. However, you may file for mandatory income w/holding, liens, money judgment, freezing of certain assets, license suspension, or file for contempt.

Is Same-Sex Marriage Legal in Texas?

On June 26, 2015, the Supreme Court legalized Same-Sex Marriage nationwide.

Can I file for a divorce on my own?

Yes. Anyone can file for their own divorce. However, it is recommended that you retain an attorney if it is a contested case or if your spouse has retained an attorney.

If my spouse cheated on me, can I take all of the community property?

It is highly unlikely. In Texas, the court divides property in the manner that the court deems "just and right." It is very rare for one spouse to be granted all of the community property.

Can I still get a Divorce if my spouse does not want a divorce?

Yes. In Texas, you don't have to prove fault to get a divorce.

What are the grounds for divorce?

Texas grants divorces based on adultery, cruelty, felony conviction, abandonment, living apart, confinement in mental hospital, or insupportability.

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