Adoptions
§ 162.001. WHO MAY ADOPT AND BE ADOPTED.
(a) Subject to the requirements for standing to sue in Chapter 102, an adult may petition to adopt a child who may be adopted.
(b) A child residing in this state may be adopted if:
(1) the parent-child relationship as to each living parent of the child has been terminated ...
Divorce
To file for a divorce in Texas, at the time the divorce is filed, either spouse must have been living in Texas for the preceding six-month period and been a resident of the county in which the suit is filed for the preceding 90-day period. Any time spent outside of Texas while serving in the ...
Child Custody
In cases of divorce, the court of jurisdiction for the divorce proceedings also determines child custody arrangements. Under the common statutory provision, if the spouses have children together while married, the parents have joint guardianship over that child and the parental rights are equal. Each parent has an equal right to the custody of ...
Property Division
The court starts with a presumption that all the property earned or acquired by either spouse during the marriage is community property, owned equally by the spouses. If you have separate property you have to prove it by clear and convincing evidence. Separate property includes property acquired by just one spouse by gift, by ...
Parental Rights
Paternity is the legal identification of a child’s father. When paternity is established the child’s genetic father becomes the child’s legal father with all of the rights and duties of a parent. Texas parentage cases entail much more than just determining the paternity of a child through genetic testing. They also provide a forum ...
Paternity
Paternity is the legal identification of a child’s father. When paternity is established the child’s genetic father becomes the child’s legal father with all of the rights and duties of a parent. Texas parentage cases entail much more than just determining the paternity of a child through genetic testing. They also provide a forum for ...
Modifications
Modifications of any order regarding a child may be granted upon showing that there has been substantial change in circumstances since entry of the last order. These changes can include increases or decreases in income, changes in residency, marital status, new challenges that a child may be facing, work schedules, and more.
Once a Texas court ...
Grandparent Rights
Grandparents play an important role in their grandchildren's life, and can develop strong bonds that last a lifetime. However there are no automatic grandparents’ rights in Texas. Unless they go to court, grandparents have no rights to visit the grandchildren. This does not mean they cannot see the grandchildren. It means they must have ...
Visitation
While the State of Texas does have a presumed visitation schedule, there are many arguments that can be made to vary from it. Increasingly we are seeing more shared possession schedules that split time equally. We have a great wealth of experience in negotiating and litigating creative possession schedules. The presumed schedule is as follows:
§ ...
Jurisdiction
Most states have adopted uniform laws to help sort out these disputes. Texas has adopted the UCCJEA - the Uniform Child Custody Jurisdiction and Enforcement Act found in Family Code sec.152.001.
The Act provides that Texas courts have initial jurisdiction to determine a child's custody if:
If the child had resided in Texas for the six months ...
Pre and Post Nuptial
Premarital and Postmarital Agreements
In Texas a premarital agreement is a contract between persons who are about to marry that provides protection from the creation of community property and/or protection of separate property during marriage. In a divorce a court may not divest a spouse from his or her separate property. “Community property” ...
Arbitration
In Texas arbitration is a form of resolving disputes wherein divorcing spouses hire an arbitrator, usually a former judge, to hear both sides of the dispute and reach a binding decision. Arbitration is similar to litigation because both processes involve a type of judge who hears both sides of the dispute and then reaches a ...
Mediation
Mediation In divorce actions in Texas, mediation is a process in which divorcing spouses try to negotiate an acceptable divorce agreement with the help of a neutral third party: the mediator. The mediator is often a retired former judge who brings a wealth of experience to the table. Typically the spouses and their respective attorney ...
Child Support
Texas law provides a mathematical formula to calculate the amount a non-custodial parent will owe in child support.
The non-custodial parent will be obligated to pay child support until the child is 18 years old or graduates from high school, whichever is later. If the child turns 18, the child must continue to be enrolled ...
Relocation
Texas Law provides for the ability to restrict the Exclusive Right to Designate the Primary Residence to within a certain geographic region, for example, Tarrant County.
The Texas Family Code does not contain any default presumption regarding a geographic restriction, nor a preference of whether one should exist. However the tendency of the court is to ...
Enforcement
We represent individuals who are seeking to enforce child custody, support, property division and other divorce orders. We also represent those who have been accused of violating an order. A divorce decree is not just a binding legal document, it is a court order. A party's failure to comply with certain terms of the decree ...