Family law is an important and broad area of the law that addresses domestic relations and many of the legal concerns that families face. Whether that means divorce, the terms of divorce, post-decree modifications, paternity, adoption, or family violence, an experienced Round Rock family law attorney is standing by to help.
The Texas Family Code
The Texas Family Code guides family law concerns in Texas, and these break down into a range of primary categories. The basics of family law in Texas flow from the Texas Family Code.
Marriage Laws
Texas implements the following rules and regulations regarding marriage:
You must be 18 to marry.
Those who are between the ages of 16 and 18 need parental consent or a court order that grants them permission to marry.
Anyone who is under the age of 16 needs a court order to marry.
There is no residency requirement to marry in Texas.
Couples must wait at least 72 hours after obtaining a marriage license before they can marry. This requirement can be waived, however, for those who are in the armed forces and for those couples who complete the state’s premarital education course.
Marriages that are not in accordance with the law can be invalidated – or annulled. The basic grounds for annulment in Texas include all the following:
One spouse was not yet 18 at the time of the marriage.
One spouse was impaired at the time of the wedding and was, therefore, not able to provide consent.
One spouse kept their impotency from the other.
One spouse kept their very recent divorce from the other.
One spouse was mentally incapacitated at the time of the marriage and was, therefore, not able to provide consent.
One spouse was forced or coerced into the marriage.
When a marriage is annulled, it is voided, which means that – for legal purposes – it never happened.
Divorce Laws
In Texas, the person filing for divorce must have lived in the state for the six months prior. They can file in the Texas county that they live in or in the county that their spouse lives in, whichever is more convenient or otherwise advantageous for them. Nearly every divorcing couple must wait at least 60 days before their case can be finalized, but in reality, a 61-day divorce is unlikely.
Every divorce is unique to the couple and the circumstances involved, but every divorcing couple must resolve each of the following divorce terms that apply:
Child custody arrangements
Child support
Property division
Alimony – or spousal maintenance
There are also post-divorce modifications to consider, and child custody and child support can both be addressed outside of marriage and divorce.
Child Custody Laws
While Texas uses the terms managing conservator and parenting time, instead of legal custody and physical custody, the meanings are very similar. Managing conservator refers to the parent who has the authority to determine where the children make their primary home – within the geographical parameters set by the court.
They also make primary decisions on behalf of the children, including those related to each of the following:
Their health care
Their education
Their extracurriculars
Their religious upbringing
Parents can also be joint managing conservators, which means they will continue to make each of these important decisions together. In some cases, one parent has the authority to break a tie in the event that they fail to reach a consensus after genuinely attempting to do so. Another option is dividing these decisions between each parent according to category.
Parenting time determines when the children are with one parent and when they are with the other. Texas courts are always guided by the best interests of the children involved, and this generally means continuing to foster close relationships with each parent.
While one parent may take on the role of the primary custodial parent and will, therefore, have the children for the majority of their overnights, the other parent can usually expect a generous parenting time schedule. Parents can also share parenting time evenly.
Texas has many standard parenting time schedules that apply to a variety of parenting time arrangements. Parents, however, can also hammer out their own schedules, which allows them more flexibility to address their own family’s unique scheduling needs.
Child Support Laws
Child support in Texas is calculated in accordance with state guidelines that are only deviated from when doing so is supported by the circumstances. Generally, the noncustodial parent pays child support to the primary custodial parent based on their income and the number of children supported by the order.
When parents share parenting time evenly, however, the parent with higher earnings typically has the child support obligation. The factors that can influence child support orders include all the following:
Each child’s age and needs, including any special needs
The cost of childcare
The cost of travel to exercise possession
The cost of medical and dental insurance and the matter of who covers these expenses
Out-of-pocket medical expenses and the matter of who covers them
Any alimony or child support that is paid relative to a different relationship
The amount of parenting time each parent receives
Any additional factors the court considers relevant to the case at hand
Child support ends when the covered child turns 18 or graduates from high school – whichever happens later.
Standard child support is based on a specific percentage of the net income of the obligor – or the parent who makes the child support payments – and it breaks down like this:
For 1 child, the parent pays 20 percent of their net income.
For 2 children, the parent pays 25 percent of their net income.
For 3 children, the parent pays 30 percent of their net income.
For 4 children, the parent pays 35 percent of their net income.
For 5 children, the parent pays 40 percent of their net income.
For 6 or more children, the parent pays at least 40 percent of their net income.
Property Division Laws
In Texas, marital property must be divided in a just and right manner in the event of divorce, and marital property refers to those assets that either of you – or both of you together – came to own while you were married.
Marital property is sometimes split right down the middle, but it isn’t always. The spouse who files for a fault-based divorce can receive a more generous division of property in response to the other’s wrongdoing, such as adultery or cruelty.
Separate property generally remains the property of the spouse who owned it prior to marriage. Any intermingling of separate assets with marital assets, however, can weaken the separate asset’s separate nature. When a separate asset increases in value over the course of the marriage, that increase is likely to be treated as a marital asset.
Alimony Laws
Texas uses the term spousal maintenance instead of alimony, and it is only ordered when the divorce leaves one spouse unable to cover their own reasonable needs. If the other spouse has the means to help, spousal maintenance may be ordered for the amount and duration needed for the recipient to gain financial independence through further education or job training.
Adoption Laws
Texas supports both public and private adoptions. Public adoptions go through the state and require an adoption agency. For a private adoption, you and your trusted family law attorney can address the adoption directly, but you can also go through an adoption agency. Whichever path you choose, having skilled legal counsel backing you up is always to your advantage.
In order to adopt in Texas, all the following must apply:
You must be at least 21.
You must have the financial security to support a child.
You must be emotionally mature enough to provide a child with the care they require.
You must share important financial and personal information about yourself.
You must provide references from relatives and non-relatives.
If you are married, you and your spouse must adopt together, and you must show proof of your marriage.
If you are divorced, you must show proof of your divorce.
You must be cleared in relation to a criminal background check and to a child abuse and neglect check.
Anyone in your household who is at least 15 years old must be cleared in relation to a child abuse and neglect check.
You must allow a home visit that includes a visit with every member of your household.
Paternity Laws
Paternity addresses the important matter of who a child’s father is. When a couple is married at the time of a child’s birth, the husband is the presumed father and automatically becomes the child’s legal father. When the couple is not married, however, steps must be taken to establish paternity.
When the parents are in agreement on paternity, they can file the necessary papers with the state, which can also be accomplished at the time of the child’s birth – in the hospital. Otherwise, paternity is generally established by court order with DNA testing.
By establishing paternity, everyone benefits in all the following ways:
The child has the advantage of having both parents in their life.
The child benefits from the child support the father pays.
The child has a more complete family history, which can help guide their health care.
The child’s extended family also grows – to include the father’s side of the family.
The child can be included on the father’s work-sponsored insurance, and other benefits the father receives can flow to them.
The child benefits in accordance with the laws of inheritance in Texas.
The father has the opportunity to foster a meaningful and rewarding relationship with his child.
The mother benefits financially and no longer has to shoulder the full weight of single parenthood.
Domestic Violence Laws
In Texas, domestic violence laws cover abuse that is committed by someone who is related to the victim by blood or marriage – but also goes beyond this to include all the following:
Parents and their children – whether biological, adoptive, or foster
Grandparents
Cousins
Current or former spouses or current or former romantic partners
Siblings
Roommates or housemates
In response to domestic violence, the court can issue a civil protective order against the perpetrator. These orders fall into three separate categories: emergency orders, permanent orders, and temporary ex parte orders, which do not require the other party to be in court at the time they are issued.
Domestic violence – or family violence – in Texas refers to any of the following acts that are committed by a member of your family, by a member of your household, or by a former or current romantic partner against you:
An act that is intended to cause physical harm
An act that is intended to cause bodily injury, which refers to pain, illness, or damage to your physical condition
An act of assault
An act of sexual assault
A credible threat that makes you fear physical harm, bodily injury, assault, or sexual assault
If you are the victim of domestic violence, it’s time to consult with a formidable family law attorney.
Reach Out to an Experienced Round Rock Family Law Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a dedicated Round Rock family law attorney who spares no effort in fiercely advocating for each of his valued clients' rights. He looks forward to helping you.
Your case is important, so please do not put off contacting us online or calling us at (254) 781-4222 to schedule your FREE consultation and learn more about what we can do for you today.