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How Can I Get Custody in a Texas Divorce?
For parents who are getting divorced, figuring out how custody and visitation work in Texas can feel overwhelming. Fathers especially may worry that they will lose access to their children once the divorce is finalized. Fortunately, the trend in Texas is moving towards making it easier for both parents to exercise their parental rights equally and maintain a loving relationship with their children. If one of your goals in your Texas divorce is getting custody of your children, read on.
How Does Child Custody Work in Texas?
Child custody in Texas is divided into two important areas: conservatorship, or the ability to make important decisions on behalf of a child, and access and possession, or the ability to spend time with a child as their caregiver (also known as visitation). Texas usually names both parents “joint managing conservators,” meaning parents will both participate in the decision-making process no matter how possession and access are allocated.
What makes an asset division agreement enforceable in Texas?
For many couples who are preparing for a divorce, a high conflict, contentious legal battle is the last thing that they want. You and your spouse may prefer to hire attorneys, a mediator, or both, and privately negotiate an agreement that covers things such as asset division and spousal support, in order to leave as little as possible for the court to decide for you.
This approach can be effective, especially when you have complex assets and you want a greater degree of control over negotiations. As such, you may be wondering what you can do to minimize the possibility of a judge modifying or even throwing out your carefully negotiated agreement.
Challenges to an agreement.
In Texas, if there is a challenge to a divorce agreement, the court has the sole discretion to decide whether a couple’s proposed divorce agreement is enforceable in light of the evidence presented. Out of respect for the parties’ right to contract, judges will typically approve any agreement you bring to them, unless a challenge occurs and the challenger is able to prove that the agreement is unconscionable.
Should grandparents fight for visitation rights?
While the relationship between grandparents and grandchildren is often recognized as crucial in a child’s growth and maturity, grandparents do not often enjoy a legal right of access. During a divorce, the parents often ignore the grandparents while discussing custody, visitation and the parenting plan. This results in the eradication of a loving segment of the child’s life. Fortunately, grandparents can fight to retain visitation rights during and after the divorce process concludes.
Even though the court is hesitant to grant custody rights outside of severe circumstances, the courts often find it more reasonable to grant visitation rights. These are not automatic rights, however, and the grandparent must seek to legally establish these rights. Without legal rights established, one of the divorced parents could argue against visitation on numerous grounds, including:
- Alienation in which the parent argues that the grandparent is turning the child against him or her.
The road to stepparent adoption
You married your wife who had a young son from a previous relationship. The three of you made a family. You helped raise the boy and participated in family outings at campgrounds, amusement parks and other fun and enlightening activities.
He is your son, and you treat him that way. But after several months of pondering, you want to make it official by adopting him. Understand that not only will the family dynamic change a bit, but so will your responsibilities.
Understand your legal responsibilities
Here are some guidelines to remember when considering a stepparent adoption:
- Prepare for a significant change: This affects you, the family and, especially, the child who now has a new identity and name to go with it. Take things slowly and consider seeking family counseling to get accustomed to the adjustments.
- Embrace and understand the legal responsibilities: As the legal parent, you remain financially responsible for your child. Other areas of responsibility include housing, education, medical care and emotional needs. Remember, if you and your spouse divorce, you must pay child support.
Do I qualify for military benefits after my divorce?
Getting a divorce can be an uncertain time for both spouses. It can be hard to know where your kids will live, what assets you will keep, and what kind of child support and alimony agreement you will have when things are all said and done. For someone getting a divorce whose spouse provides military benefits to the family, you may be wondering if you can keep those benefits after divorce.
More than 20,000 military couples get a divorce each year, which means that thousands of people need to know what will happen to their benefits as military spouses. There is a system that determines benefits eligibility for divorcing spouses, which you can learn about here:
The 20-20-20 rule
The military has a rule that determines if you are eligible to keep your military benefits after your divorce, which people often refer to as the 20-20-20 rule. The name comes from the three factors your relationship needs to have met before your divorce.
When asset division gets complex
Anytime a marriage ends in divorce, the division of marital property can prove difficult and even contentious. In a high-asset divorce, the complexity only multiplies.
If you are facing divorce in Texas and your marital estate is one of high value, some of the unique issues you may face include:
- The division of business assets: Only in rare circumstances do ex-spouses continue to operate a business together after divorce. The person who runs the business or professional practice typically takes full ownership, but the other spouse must be compensated if the business and its assets are classified as marital property. Only after conducting a full and accurate accounting of real estate, equipment, customer lists and other business property can we ensure a fair outcome.
- Investments: Stocks, bonds and other investments are subject to division upon divorce. Certain retirement holdings such as 401(k) and IRA accounts require a special court order called a Qualified Domestic Relations Order (QDRO) to facilitate the division.
Can my ex modify our child custody agreement in a different state?
After the finalization of a divorce decree, it is not uncommon for spouses to move to different states. If you obtained full custody of your children, your ex-spouse might feel resentful, and might seek opportunities to get that award modified. Can they bring an action in a court in their new state to modify your divorce decree in a way that is more favorable to them?
The UCCJEA
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a statute that 49 states – including Texas – have adopted. It governs how courts are supposed to treat custody disputes or challenges to divorce decrees between ex-spouses that live in a different state from the one where the divorce decree was originally established.
Under the UCCJEA, the court that first hands down a custody arrangement decree to a divorcing couple continues to have exclusive jurisdiction over that custody matter. Courts in other states in the nation must respect the decree and enforce it as if they themselves had passed it.
Parental alienation: 3 vital red flags to identify swiftly
When you have children, you want the best for them. You and your spouse may no longer get along or want to be together, but that doesn’t mean that you want to hurt their relationship with your kids.
Unfortunately, not all parents feel the same way. Some will use bribery and manipulation to turn their children against the other parent. This is called parental alienation, and it may lead to parental alienation syndrome. When dealing with custody disputes, this is more common, so it’s something to watch out for.
What are the three red flags of parental alienation?
There are three pretty significant signs of parental alienation to watch out for. These may include:
- Limiting phone calls or communication when the child is with the alienating parent
Should you take lump-sum alimony?
Generally speaking, alimony and spousal support are paid out on a monthly basis, just like child support. The idea is that the spouse, like the child, was expecting that financial support. They made choices based on it, like leaving a job to start a family. Taking it away in a divorce can leave them destitute, and alimony helps pay the monthly bills for a time.
That said, some people will offer to pay all of the alimony at once, as a lump sum. If your ex does this — and has the money on hand to afford it — should you take it? Only you can decide, but there are some potential benefits.
Reasons to take the lump sum
You must consider the pros and cons carefully when making your decision. To that end, here are some reasons why a lump sum may be wise:
1. Getting all of the money at once means you do not have to deal with your ex on a monthly basis. It’s more of a clean break in the relationship.
Do grandparents have a right to custody in Texas?
There are times when grandparents step in and play a major role in their grandchildren’s lives. If you believe that your grandchildren are struggling in their home due to neglect or abuse, you may petition for custody. Similarly, if one parent passes away, you may seek visitation rights, so you can continue to see them regularly.
In most divorce cases, grandparent visitation rights are kept informal. It’s not typical for grandparents to be restricted from seeing their grandchildren. However, legal issues could arise in some cases. That’s why it’s smart to clarify your relationship with your grandchild and to make sure that you have the legal rights that you are entitled to receive.
Are grandparents likely to get custody of their grandchildren?
In divorce cases, it’s unlikely that grandparents will receive outright custody of their grandchildren. As long as both parents are providing for them, grandparents may only be able to seek to establish a visitation order. To do this, you will have to show that visitation time with your grandchild is in your grandchild’s or grandchildren’s best interests.