When a married couple begins the divorce process in Texas there are usually several issues to resolve prior to achieving a mutual agreement to finalize the divorce. Spousal and child support are two vital areas that generally are agreed upon as part of the divorce negotiations. When the parties cannot come to an agreement on any particular subject, the ultimate decision will be determined and ordered by the family law judge after court hearings.
In Texas, child custody is often referred to as a "conservatorship." Texas child custody law contains a presumption that the parents should be granted a joint managing conservatorship. This involves the sharing of equal management and possessory rights in the children and their upbringing. This is essentially the same thing as joint or shared custody concepts that are applied in other states.
Texas family law practitioners are well aware of the contentious nature and emotionally charged intensity of child custody battles. A seasoned and knowledgeable attorney does not want to see a child custody case go in that direction and will always pursue every prospect for settlement as early as possible. When the dispute is one that cannot be resolved, litigation and a child custody trial will become necessary.
The traditional way that child support is handled in Texas is for the noncustodial parent to pay the custodial parent a certain amount on a monthly basis. This is calculated based on tables published by the state. They consider both parents' income, their expenses and other relevant factors. If the parents do not agree on the amount under the auspices of the county child support department, a hearing is scheduled in front of a family court judge and a support amount is ordered after the presentation of evidence.
Parents in Texas sometimes become embroiled in international custody disputes. This usually happens when a native of another country takes the children to his or her country and does not return the children. It becomes a complex process of international law and politics for the parent here to get any action taken against the parent in the other country. While that process goes on, the parent here must exist without exercising his or her parental rights.
In Texas and elsewhere, child custody can be a difficult right to enforce for active members of the military. One father serving in Afghanistan recently lost custody of his 11-year-old son, who has been living with him and his family for nine years. The child custody court that heard the case nine years ago decided that it was in the best interest of the boy for him to be in the custody of his father.
The main principle that is usually behind the decision of a Texas family court judge in a child custody case is the broad concept of "best interests of the child." This is not a static determination with preset rules but rather it will vary in each child custody case depending on the circumstances presented. The point of the rule is that the court is not determining child custody to satisfy the demands of the parents, but rather to serve the true needs of the children.
Children born as a result of affairs is not a new occurrence. Some parents in Texas who have children born out of wedlock often turn to family law attorney to seek financial support from the other parent. A woman in another state has filed a paternity lawsuit against Major League Baseball star, Miguel Cabrera, requesting more child support than she currently has been given per month.
A divorce throws your entire life into a twist. Imagine how your child feels if you, as an adult, are struggling to handle your divorce. Yes, the divorce is the end of a marriage between you and your spouse, but it's also seemingly and end to your child's idea of a family.
In Texas, the family law court has the power to put someone in jail for failing to pay child support. This is generally accomplished through the contempt powers of the court when a child support order is contemptuously ignored by the parent who owes back child support. Recently, a judge in Corpus Christi ordered the incarceration of A.B. Quintanilla, who is the brother of the deceased singing superstar, Selena.