Family law is a broad and important branch of the law that addresses the legal issues families frequently face. Having a better understanding of family law basics can help you better protect your rights if you come up against a family law concern.
Whether you face an issue related to divorce, adoption, paternity, or domestic violence, an experienced Killeen family law attorney is standing by to help.
The Texas Family Code
Family law in Texas is set forth by the Texas Family Code, which includes all statutory rules and is divided into the following primary categories:
Child Custody and Child Support
Divorce, including the division of marital property and spousal maintenance (often called alimony)
If you have a concern related to any of these topics, a focused family law attorney has the experience and legal skill to help.
Marriage
In the State of Texas, both parties to a marriage must be at least 18 years old. Those who wish to marry between the ages of 16 and 17 must have parental consent. Someone who wants to marry under the age of 16 must have a court order.
Additionally, couples must wait at least 72 hours after obtaining a marriage license before they can be married – unless exceptional circumstances apply.
Texas marriage laws are designed to ensure equal rights under state law, and as such, both opposite-sex and same-sex marriages are supported.
Prohibitions to marriage in Texas include the following restrictions:
Someone who is currently married cannot marry – even if they’ve been separated from their spouse for many years.
Someone whose divorce occurred fewer than 30 days prior cannot marry.
There are also restrictions regarding the relationship between the two individuals who are getting married:
A parent can’t marry a child, including an adopted child.
Siblings cannot marry one another, even if they are half-siblings.
A grandparent cannot marry a grandchild.
An aunt or uncle cannot marry a nephew or niece.
Unlike some states, Texas doesn’t prohibit first cousins from marrying.
Child Custody and Child Support
Child custody and child support are addressed as divorce terms when the case involves minor children, but they often apply outside of marriage and divorce.
If you and your children’s other parent can hammer out child custody and child support terms that you find mutually acceptable, you can generally expect the court to sign off on them. Otherwise, you’ll require the court’s intervention. Working closely with a dedicated Killeen family law attorney can help keep these primary terms out of court while protecting your parental rights.
Child Custody
In Texas, child custody breaks down into physical and legal custody. Custody orders are always based on the children’s best interests.
Legal Custody
Legal custody determines parental decision-making authority. Unless there is a significant reason for assigning one parent sole legal custody, it’s generally considered in the children’s best interests for both parents to participate.
Legal custody addresses the following kinds of decisions:
The school or daycare the children attend
The medical care the children receive
The extracurriculars and travel the children participate in
The religious instruction the children receive
Shared legal custody can take any of the following forms:
The parents make the primary parenting decisions together.
The parents make the primary parenting decisions together, but one of them has the authority to break a tie if necessary.
The parents divide the decisions between themselves according to topic.
Physical Custody
Physical custody establishes the parenting time schedule. As long as there’s no serious reason for ruling otherwise, Texas courts are motivated to afford each parent ample parenting time, which is considered in the children's best interests.
When one parent becomes the primary custodial parent, they have more overnights with the children and have the authority to determine where they make their primary residence (within the mileage parameters set by the court).
Physical custody rulings are based on best-interest factors like the following:
The children’s ages, developmental stages, and overall mental and physical health
The children’s needs, including any special needs
Each parent’s age and overall mental and physical health
Each parent’s ability and commitment to effectively address the children’s needs
Each parent’s level of involvement in raising the children to date
Each parent’s commitment to effective co-parenting and to supporting the other’s close, healthy bond with the children
The strength of the relationship between each parent and the children
The preferences of those children who are considered mature enough to participate
How well the children’s current living situation (known as the status quo) serves their best interests in terms of home, schooling, and community
Whether domestic violence, child abuse, or child neglect is a relevant concern
Child Support
In Texas, child support is calculated according to careful state guidelines. While many variables can play a role, the parent who earns more, generally makes child support payments to the other parent – even when parenting time is shared equally.
Child support in Texas breaks down as follows:
For 1 child, the obligor (the parent who makes the child support payments) pays 20 percent of their net income in child support.
For 2 children, the obligor pays 25 percent of their net income in child support.
For 3 children, the obligor pays 30 percent of their net income in child support.
For 4 children, the obligor pays 35 percent of their net income in child support.
For 5 children, the obligor pays 40 percent of their net income in child support.
For 6 children, the obligor pays at least 40 percent of their net income in child support.
Texas courts have the discretion to order child support that is outside the state guidelines when there are extenuating circumstances.
Divorce
When a divorcing couple shares minor children, both child support and child custody are addressed in their case. However, all divorcing couples must address property division. Alimony is reserved for highly specific circumstances.
The terms that the divorcing spouses are able to resolve between themselves generally remain out of court, and when this includes all the applicable terms, the divorce is uncontested. When a divorcing couple is unable to find middle ground on all of the divorce terms, their case is contested, and the undecided terms must be determined by the court.
The Division of Marital Property
The assets that each spouse brings into the marriage and keeps separate are separate assets that belong solely to the original owner. However, any increase in an asset’s value over the course of a marriage is likely to be treated as a marital asset, and any commingling of separate and marital assets can weaken the distinction between them.
Marital property refers to everything you, your spouse, or you and your spouse together came to own while you were married. These assets must be divided between you in a manner that is considered fair based on your situation. A fair division can mean an equal division, but it can also be more imbalanced.
The court will consider these kinds of factors when determining an equitable division of marital assets:
The length of the marriage
Each spouse’s level of education and earning potential
Any fraud on the community estate, such as if your spouse hid, gave away, spent down, or otherwise artificially decreased your marital assets to benefit himself or herself
Whether or not fault played a part in the breakdown of the marriage
The size of the marital estate and each spouse’s individual estate
Each spouse’s contributions to the marriage, including homemaking and childcare
Alimony
Alimony (called spousal maintenance in Texas) applies only when a divorce leaves one spouse without the means to address reasonable needs while his or her ex has the financial ability to help. Alimony is designed to support the recipient’s ability to gain greater financial independence, such as through education or job training.
Adoption
The State of Texas has some of the highest adoption rates in the country and is invested in promoting adoption. To adopt in Texas, you must meet these requirements:
You must be at least 21 years old.
You can be single or married, but if you’re married, you and your spouse must adopt together.
You must be financially stable.
You must complete an adoption application, share background and lifestyle information about yourself, and provide references.
You must submit to a careful home study, and every adult in your household must submit to background checks.
Contact a skilled family law attorney for help determining your eligibility and preparing for your adoption application.
Paternity
Paternity refers to the designation of a child’s legal father. A child’s legal mother is established at birth, and if the mother is married, her spouse becomes the child’s legal father, which means that paternity is established. If the mother isn’t married, paternity must be determined, which can happen in any of the following ways:
The couple signs an acknowledgement of paternity in the hospital at the time of the child’s birth.
The couple signs and files an acknowledgement of paternity with the state at a later date.
Either the mother, the father, or the state can request that paternity be established through DNA testing.
Establishing paternity typically serves the best interests of the mother, father, and child in each of the following important ways:
The father and child can build a close relationship.
The mother and child benefit from the additional financial support.
The child becomes eligible for benefits that flow from the father, such as being included on their work-related health insurance and being named as a beneficiary on their life insurance policy.
The child gains inheritance rights.
The mother receives parenting support through custody orders
Domestic Violence
Domestic violence in Texas refers to credibly threaten or act with intention to cause bodily harm to a member of one’s household or family. A domestic violence charge can apply when the victim is related to the accused in any of the following ways:
Someone with whom the accused shares a child
A blood relative
A spouse or former spouse
A current or former romantic partner
A foster child
A roommate
Domestic violence can directly affect child custody orders as well as the division of marital property in a divorce. It can also lead to the 60-day waiting period – or “cooling off” period – being waived. While most couples must wait at least 60 days for their divorces to be finalized after filing, the court can void this requirement for the victims of domestic violence.
Look to an Experienced Killeen Family Law Attorney for the Help You Need Today
Brett Pritchard at the Law Office of Brett H. Pritchard is a formidable family law attorney with a wealth of experience helping valued clients like you successfully navigate a wide range of legal intricacies toward favorable case resolutions that support their rights and brightest futures.
Our reputable legal team is on your side and here to help, so please don’t wait to contact us online or call us at (254) 781-4222 to schedule a FREE consultation and learn more today.