Confused about family laws in Texas? Read this guide to learn more (2022)

Just about every person living in our state has the potential to be a part of a family law case at some point in their life. The reason for this is pretty simple: most of us will either have a child, get married, or preferably both over the course of our lives. Part of our lives being worth living is our ability to build a family and form relationships. Family laws become involved when those relationships become problematic and begin to negatively impact our lives. Our children can be the most impacted by a failing marriage or other relationship so they are the ones who can truly be caught up in the middle of any family-related issues.

Families are more diverse today than they ever have been in our nation's history. Long gone are the days of the nuclear family- one husband, one wife, and a couple of children from that marriage. Mixed families are increasingly becoming the norm nowadays, for better or worse. With those changing family, dynamics come challenges for families, family law practitioners, and lawmakers who have to keep up with those changes. The way that courts enforce the laws that are handed down by our state legislature change on a near yearly basis. How can you be expected to keep up with those changes?

That is the question that we are here to discuss with you today. No matter what, you need to be prepared for your own family law case no matter if you are someone who knows a great deal about family law or someone that knows next to nothing. It is not an excuse to say that you aren’t an attorney or don’t have any interest in the subject. If your children, your marriage, and/or your property will be at stake in this case then you need to make it a priority to learn about this field of the law in Texas.

Family law cases are all about minimizing instability in the life of your child. You will have your own goals that you want to accomplish, but ultimately those goals pale in comparison to maintaining some semblance of normalcy in the life of your child. If you can anticipate problems and roadblocks to resolving the issues that exist in your case you can begin to problem-solve solutions. The alternative is to constantly find yourself surprised by the events of your case, leading to a longer, more expensive, and more tumultuous case. Again, if you think the experience has been bad for you to imagine how bad it could be for your child if you do not prepare yourself and your family in advance of beginning your case.

Divorcing your spouse in Texas

Divorce is not just a state of mind. You need to file an Original Petition for Divorce and ultimately have a Final Decree of Divorce signed by a judge in order to be legally divorced. So, the second you hire an attorney to file your divorce you are not divorced. A lot of people seem to think this is the case but it is not true. You are very much still married until the judge tells you otherwise. Until then, conduct yourself as a married persona and act as if the things you say and do can impact your case- either positively or negatively.

You and/or your spouse must be a resident of Texas in order to file for divorce. You cannot move here from Louisiana, California, Mexico, or anywhere else and file for divorce here on your first day living in our great state. Specifically, you must have been a resident of Texas for at least six months and a resident of the county in which you plan to file for at least 90 days before you are able to file your divorce petition. This is because the court does not have jurisdiction over your case until you meet these residency requirements.

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Once your divorce is filed, you cannot (in most instances) go and get your divorce finalized the day after you file. This is true even if you and your spouse have an agreement in writing ready to be filed as soon as your petition was submitted to the court. The reason for this is that Texas law holds that you and your spouse must wait at least sixty days from the date that the divorce petition was filed in order to get divorced. An exception to this rule is if there is violence in the marriage and a speedier divorce is justified due to the continued risk of harm to one or both spouses.

The rationale behind this 60-day waiting period is that the State wants to encourage you and your spouse to attempt to reconcile your differences in that two-month period. I’m willing to bet that if that 60-day requirement were dropped a lot more people would be filing for divorce. Generally speaking, divorce is not a positive thing for society, though it may benefit you and your spouse on some levels.

One thing I want to point out to you all is that even though divorce can get done in as little as 60 days, it is not likely that yours will. Most divorces have disagreements on various subjects that require some extensive negotiation to get past those disagreements. Also, most divorces will require at least two mediation sessions before resolving. That, combined with the time needed to draft final orders, sets a majority of cases past the 60-day minimum.

What happens during that 60+ day period of waiting to finalize a divorce?

A byproduct of having to wait at least a couple of months to finish your divorce is that there is a lot of time to fill in that period. Obviously, 60 days (at least) is the amount of time that we are talking about, but that is a long time for a family to operate in the flux of a divorce. For that reason, family courts in Texas will encourage parties to arrive at temporary orders.

Temporary orders basically will provide to you and your spouse marching orders on all aspects of your case. Custody, visitation, and support orders for your child will be provided. A breakdown of your household bills and the mortgage will also be divided up between you and your spouse. Which person will be able to remain in the family home will likely be determined by whichever spouse is able to reside primarily with the children.

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The first of the two mediation sessions that I referenced in the section prior to this one will occur prior to temporary orders. Most family courts in southeast Texas will require that you attend mediation for temporary orders prior to coming into court for a hearing. This will ensure that you and your spouse get the first crack at attempting to resolve your issues without the intervention of a judge. Mediation occurs at an attorney’s office that you and your spouse select with the help of your own attorneys.

While placing you and your spouse in separate rooms, the mediator will bounce back and forth between your rooms like a ping pong ball in an attempt to help you resolve all issues relevant to your case. If a settlement is reached, temporary orders will be drafted based on your mediated settlement agreement. Importantly, any reason for attending a temporary orders hearing will be erased.

Again, the purpose of temporary orders is to allow you and your spouse to understand what your responsibilities are to your children and each other during the divorce. Importantly, if you do have children it will allow you a series of practice months to learn how to adapt to a visitation schedule, child support payment schedule, and the changes that will be inherent in getting a divorce and raising a child. Co-parenting is a term that is often used to refer to this process.

Property issues in conjunction with Texas divorces

While not as much of an issue in the temporary orders phase of a Texas divorce, the property will certainly become an issue in your case by the time you reach negotiations for final orders. Dividing up property in a divorce can often time be an extremely contentious subject that results In bad feelings being exchanged. With that in mind, it is a good idea to learn a little about how the law treats the property for married people before you actually get involved in a divorce.

Texas is a community property state. All property that is not separate property is considered to be community property, under Texas law. That explanation does not do much to tell you what property you have in your living room is separate and what is community property. All I did was introduce a couple of terms to you and not define them. Let's define the terms that we are using before we proceed any further.

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Separate property is defined in the Texas Family Code as a property that was owned prior to your marriage or property that was acquired during the course of your marriage by gift or inheritance. Now that we know what separate property is, we can know what community property is: everything other than the property we just listed is considered community property? Pretty simple, eh? Not so fast. We will see how things can get complicated despite a seemingly simple designation that exists in the law between the community and separate property.

Child custody and Texas divorce cases

It is presumed that you and your spouse will be named as joint managing conservators of your child once your divorce has been finalized. Being named a conservator of a child means that you are responsible for certain rights and duties associated with your child as their parent. You are a conservator of your child as we speak but just have not been designated in writing by a court regarding those rights.

Joint managing conservators can share in the rights and duties of raising a child in an equal fashion in most regards. The exceptions to that statement are that only one of you will be able to reside with your children primarily and select where that is, and only one of you will be able to receive child support from the other. These are rights that are held in tandem: if you win the right to determine the primary residence of your child then you will also be able to receive child support.

As far as time with the kids is concerned, we typically refer to that as "possession" in the world of family law. Just because you share somewhat equally in the rights and duties associated with your child does not mean that you are both able to share equally in your child's time. The parent with the right to determine the primary residence of your child will have more time most likely. In tomorrow's blog post from our office, we will discuss this topic in greater detail and introduce other topics in custody law such as summertime and holiday visitation.

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Questions about family law in Texas? Contact the Law Office of Bryan Fagan

If you have questions about your family situation or are seeking clarification on anything that we discussed in our blog post today, please consider contacting the Law Office of Bryan Fagan. Our licensed family law attorneys work on behalf of our clients to achieve their goals in courts across southeast Texas.

Our attorneys and staff pride themselves on putting the interests of our clients first and advocating tirelessly for them in courts across southeast Texas. A free-of-charge consultation with our office is only a phone call away. These consultations are a great opportunity to ask questions and receive feedback about your specific circumstances.

We invite you to take some time to browse our website to learn more about our office. We also have blog posts that cover every area of Texas family law. Feel free to read as much as you would like and we appreciate the consideration and time that you spend with us here on our blog.

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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regardingdivorce, it's important to speak with one of ourHouston, TXDivorce Lawyersright away to protect your rights.

Ourdivorce lawyers in Houston TXare skilled at listening to your goals during this trying process and developing a strategy to meet those goals.Contact Law Office of Bryan Fagan, PLLCby calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handlesDivorce cases in Houston, Texas, Cypress, Klein,Humble,Kingwood,Tomball,The Woodlands, the FM 1960 area, or surrounding areas, includingHarris County,Montgomery County,Liberty County,Chambers County,Galveston County,Brazoria County,Fort Bend County,andWaller County.

FAQs

At what age can a child refuse to see a parent in Texas? ›

At What Age Can a Child Refuse Visitation in Texas? In Texas, there is no age under 18 that allows for a child to refuse visitation. Visitation is the right of the parent, and it cannot be taken away by the custodial parent or child. The only option would be for the custodial parent to request a modification of orders.

Does Texas have a family code law? ›

The Texas Family Code is one such body of statutory law, and it contains all the formal rules that govern family law in Texas. As one might imagine, family law is quite broad, and as such, the Family Code covers quite a large range of topics.

At what age can a child legally decide which parent to live with in Texas? ›

In the state of Texas, a child's decision cannot be the sole factor in determining which parent the child lives with. When the child reaches the age of 12, upon motion, the court can consider the child's wishes when it comes to who they will live with.

Do aunts have rights to see their nieces and nephews in Texas? ›

Unlike grandparents, aunts and uncles do not have any rights to visitation over a legal parent's objection. Still, these family members may file a guardianship case and request temporary custody of nieces and nephews when both parents are unfit to care for their children themselves.

What is considered an unstable home for a child? ›

The child may reside in a home that is not physically safe or supportive; it may have no heat, electricity, water, sewer disposal. The house may be in general ill repair. The second physical instability comes from the physical interactions that occur between family members.

What is an unfit parent in Texas? ›

The Texas unfit parent definition is somewhat open to the interpretation of the judge handling the custody case. However, the Texas Family Code general guidelines state a parent is deemed unfit to raise a child if doing so would significantly affect the child's physical or emotional health and development.

What is Title 4 of the Texas Family Code? ›

Summary: A protective order under Tex. Fam. Code Title 4 is available to persons who are victims of violence perpetrated by a family or household member or by a person with whom the victim had dating relationship.

What is the Texas Probate Code? ›

Texas Estates Code 205.001 allows your beneficiaries to avoid probate if you leave no will and the value of the probate estate does not exceed $75,000. Those due to inherit under the Texas laws of intestate succession can prepare and present an affidavit to receive their inheritances.

Do both parents have to consent to counseling in Texas? ›

Under Texas State Law, parents/guardian may still have access to your counseling/psychiatric record and/or could talk with your counselor/psychiatrist whether parental consent is necessary or not. A counselor/psychiatrist may contact a parent/guardian without consent, if deemed necessary.

Can my ex dictate who is around my child? ›

Controlling Who Is Around Your Child

In general, you do not have the power to dictate which adults are around your child when they are with the other parent. When you have your child, you can decide who is present. You can decide whether to introduce them to a romantic partner or not.

How long does a father have to be absent to lose his rights in Texas? ›

“voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months

When can you deny visitation to the non custodial parent Texas? ›

The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.

What are grandparents rights in Texas? ›

Visitation statutes do not give a grandparent an absolute right to visitation. Also, a grandparent may not request visitation if the grandchild has been adopted by someone other than the child's step-parent. If your grandchild lives with you, you may wish to seek custody.

What rights do grandparents have? ›

What rights do grandparents have? Grandparents do not automatically have parental responsibility. This means you do not have any legal rights to see your grandchildren. Unless there's a Court order in place, it is up to the parents to decide who their children see.

Does an aunt have visitation rights in Texas? ›

The short answer is, probably not. For the most part, the policy of the Texas Family Code is to have the parents of the child make all of the decisions about the way a child is raised and that includes deciding which family members get to see the child.

What do judges look for in child custody cases? ›

The most basic part of the "best interests" standard is that custody decisions should serve the children's health, safety, and welfare. Judges will look at whether one or both parents are able to handle a child's special educational, medical, mental health, and other needs.

How do you prove a parent is mentally unstable? ›

How Does a Family Court Determine If a Parent Is Unfit?
  1. A history of child abuse. ...
  2. A history of substance abuse. ...
  3. A history of domestic violence. ...
  4. The parent's ability to make age-appropriate decisions for a child. ...
  5. The parent's ability to communicate with a child. ...
  6. Psychiatric concerns. ...
  7. The parent's living conditions.

What do judges look for in child custody cases Texas? ›

Age and health of the child(ren) Age and health of the parents (or a non-parent conservator involved in the matter) Special needs of any involved parties. Stability of home environment of the child.

Why do fathers lose custody? ›

The most frequently occurring reasons why a custodial parent loses custody include: Child abuse or neglect. Spousal abuse. Drug or alcohol abuse or addiction.

Can a father take a child away from the mother in Texas? ›

Who Has Legal Custody of a Child When Parents Are Unmarried in Texas? Laws on child custody in Texas for not married parents dictate that the mother has automatic custody of the child, both legally and physically, unless the father has legally established his paternity.

What does IVD stand for in court? ›

The term IVD comes from the Title IV Section D of the Social Security Act, which established the Child Support Enforcement program in 1975. IVD cases are opened for all public assistance cases involving children not living with one or both parents.

When was the Texas Family Code created? ›

The Family Code constitutes a unit of the Texas Legislative Council's statutory revision program. Title 1 of the Code was origi- nally enacted by Acts 1969, 61st Leg., ch. 888; Titles 2 and 3 were added by Acts 1973, 63rd Leg., chs.

What chapter in the Texas Family Code covers family violence? ›

Texas Family Code - FAM § 71.004. Family Violence.

What is the Texas Trust Act? ›

Under Texas trust laws, the following are required for a valid trust to be formed: The Settlor must have a present intent to create a trust. The Settlor must have capacity to convey assets to the trust. The trust must comply with the Statute of Frauds.

What is the order of inheritance without a will? ›

If you die without a will, your share of the property will pass to the order of relatives as dictated by the rules of intestacy. Importantly, if you own property with a partner that you are not married to, your share will not pass to them if you die without a will.

What are the inheritance laws in Texas? ›

Texas does not impose a state inheritance or estate tax. Most of its laws surrounding inheritance are straightforward. However, if you die without a will, the distribution of your assets will be left up to the state's intestate succession process.

At what age can a child make their own medical decisions in Texas? ›

If you are a minor (under 18), a parent or legal guardian must consent to medical treatment for you in most cases. There are exceptions. In general, you can only consent to your own medical, dental, psychological, and surgical treatment if you are at least 16 years old and you live on your own.

Does a non custodial parent have rights to medical records Texas? ›

By law, a parent not granted custody of a minor child has the same right as the custodial parent to the child's academic, medical, hospital or other health records, unless otherwise ordered by the courts (CGS § 46b-56(e)).

What do therapists have to report Texas? ›

> Texas law requires a clinician to report client abuse or sexual exploitation by a previous therapist to the appropriate county district attorney and licensing board. Client anonymity will be preserved if requested.

Does dating affect custody? ›

Generally, there is no law against dating during a separation or child custody battle.

What is poor co parenting? ›

Bad-mouthing the other parent in front of your child or in their hearing. Directing negative non-verbal communication at the other parent in front of your child. Exposing your child to conflict between you and their other parent, whether in-person or on the phone.

Can you block your children from seeing certain people? ›

It can be frustrating, as many parents new to this situation wonder if they can prevent their children from being in contact with certain people. Unfortunately, unless your ex agrees otherwise, the short answer is no, unless there is a significant risk of harm to the children from said exposure.

Can you go to jail for leaving a child home alone in Texas? ›

If the individual abandoned the child but intended to return, it is a state jail felony punishable by six months to 2 years in a state jail facility and a potential fine up to $10,000.

Can a 12 year old refuse visitation in Texas? ›

At What Age Can a Child Refuse Visitation in Texas? In Texas, there is no age under 18 that allows for a child to refuse visitation. Visitation is the right of the parent, and it cannot be taken away by the custodial parent or child. The only option would be for the custodial parent to request a modification of orders.

What are grounds for terminating parental rights in Texas? ›

Terminating parental rights in Texas is a very difficult and serious matter. Most grounds for terminating parental rights fall under the categories of endangerment, abuse, and neglect.

Can my ex dictate who is around my child Texas? ›

Report Abuse

Unless your fianc has a history of substance abuse or child abuse, he has no right to dictate who you can have around the children. It he interferes, file an order to show cause or, if appropriate, a contempt proceeding.

How can a father lose visitation rights? ›

file an application before the regular court & express the actual position and their behaviour, where child is resisting to meet them and convince the court then automatically court may cancell the visitation rights.

What percentage of income is child support in Texas? ›

Texas child support laws provide the following Guideline calculations: one child= 20% of Net Monthly Income (discussed further below); two children = 25% of Net Monthly Income; three children = 30% of Net Monthly Income; four children = 35% of Net Monthly Income; five children = 40% of Net Monthly Income; and six ...

Can a parent deny a grandparent visitation in Texas? ›

Grandparents often ask what rights they have if the parents are denying access to their grandchildren. While a Texas court may grant visitation in certain circumstances, state law does not give grandparents an absolute right to visit their grandchildren.

Do aunts have rights to see their nieces and nephews in Texas? ›

Unlike grandparents, aunts and uncles do not have any rights to visitation over a legal parent's objection. Still, these family members may file a guardianship case and request temporary custody of nieces and nephews when both parents are unfit to care for their children themselves.

Can grandparents sue for custody in Texas? ›

Yes. Conservatorships are the most common scenario wherein a grandparent will petition a Texas court for custody rights. As a conservator, a grandparent would have the authority to make major decisions affecting the child.

How do you deal with disrespectful grandchildren? ›

How To Handle Disrespectful Grandchildren: Try These 9 Tactics
  1. Respect. Have you ever tried to explain respect to a little kid? ...
  2. Build A Bond. ...
  3. Be Present. ...
  4. Establish Boundaries. ...
  5. Clear House Rules. ...
  6. Ignore Certain Behaviors. ...
  7. Consistency. ...
  8. Be Patient.
6 Oct 2021

What to do when you can't see your grandchildren? ›

Most often, I hear from paternal grandparents who cannot see their grandchildren because their current or ex-daughter-in-law does not want them to.
...
Tips for Families and Grandparents
  1. Focus on effective communication. ...
  2. Consider family counseling. ...
  3. Connect with other grandparents. ...
  4. Try mediation before court.
28 May 2009

Can a mother stop grandparents seeing grandchildren? ›

Withholding Grandchildren from Grandparents: Everything You'd Need To Know. The law does not give grandparents any automatic rights to see their grandchildren. So, in almost every case, parents can keep children away from grandparents if they choose to. This doesn't mean grandparents have no other options.

Can my ex leave my child with his girlfriend? ›

Yes, unless there is a risk to your child's safety, your ex can leave your child with his girlfriend.

Can my ex dictate who is around my child? ›

Controlling Who Is Around Your Child

In general, you do not have the power to dictate which adults are around your child when they are with the other parent. When you have your child, you can decide who is present. You can decide whether to introduce them to a romantic partner or not.

What age can a child choose where to live in Texas? ›

Although children cannot officially decide which parent they want to live with until they are 18 years old, Texas law does allow children that are 12 or older to have a say in where they'd like to live, but ultimately a judge will make the final decision.

When can you deny visitation to the non-custodial parent Texas? ›

The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.

What happens if a child doesn't go to visitation in Texas? ›

If a parent is denied visitation with their child—even if the child is refusing to go—the custodial parent can be held in contempt of Court for failing to follow a Court order.

What do I do if my child doesn't want to see his dad? ›

If your child is refusing visitation with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your attorney or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should attend visitations.

What can I do if the custodial parent refuses visitation in Texas? ›

Your attorney can help you properly file a contempt motion or modify the current custody order, as well as help you restore your visitation rights. If you effectively argue your point of view, the court can force your ex to make-up your parenting time or even pay fines.

Can my ex leave my child with his girlfriend? ›

Yes, unless there is a risk to your child's safety, your ex can leave your child with his girlfriend.

Can my ex dictate who is around my child Texas? ›

Report Abuse

Unless your fianc has a history of substance abuse or child abuse, he has no right to dictate who you can have around the children. It he interferes, file an order to show cause or, if appropriate, a contempt proceeding.

Who has custody of a child if there is no court order in Texas? ›

Laws on child custody in Texas for not married parents dictate that the mother has automatic custody of the child, both legally and physically, unless the father has legally established his paternity. Even if the father's name is on the child's birth certificate, they have very limited rights over the child.

What percentage of income is child support in Texas? ›

Texas child support laws provide the following Guideline calculations: one child= 20% of Net Monthly Income (discussed further below); two children = 25% of Net Monthly Income; three children = 30% of Net Monthly Income; four children = 35% of Net Monthly Income; five children = 40% of Net Monthly Income; and six ...

How often should a non-custodial parent call Texas? ›

Unless there is a specific need, parents should not initiate a call or text to their children more than one time a day while they are in the other parent's custody.

How long does a father have to be absent to lose his rights in Texas? ›

“voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months

Can a child refuse contact with parent? ›

If your child is refusing contact with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your lawyer or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should spend time with their other parent.

What happens if a child refuses to go home? ›

Call the police. - This sends the message to teenagers that it is not okay to leave home without permission. - The police are responsible for the safety of citizenry; your child is not safe if you do not know where he is. - Parents are responsible for what happens to their child even when he is not at home.

What age can a child decide which parent to live with? ›

The child has to be at least 13 or 14 for their views to be considered strongly. Ultimately, the court will make a decision as to what is in the child's best interests. It won't take the child's view over and above any other considerations stipulated in the Children Act.

How often can you modify child custody in Texas? ›

Can I ask that custody be changed within one year of the current order? Unless you meet certain legal requirements, you must wait at least a year before going back to court to change primary custody of a child. Learn more here: Child Custody Modification within a Year of Current Order.

How can a father win full custody in Texas? ›

Full Custody As A Father
  1. Speak to an attorney who has experience with custody issues in divorce. ...
  2. Respond to any legal actions. ...
  3. Continue taking care of your parental duties despite any conflict or tensions. ...
  4. Do not sign a settlement agreement that you don't agree with. ...
  5. Don't leave the marital home without the children.

How much back child support is a felony in Texas? ›

After child support payments are enforced at a state or local level, the enforcement may proceed to federal court. If the non-custodial parent still does not pay child support payments in full after two years or the amount has amounted to $10,000, the charge can increase to a criminal felony.

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