Family law occupies a distinct position within the legal sector due to its profound impact on personal relationships and individual lives. The Texas Family Court deals with an array of domestic issues such as divorce, child custody, adoption, paternity, and child support. These cases demand a comprehensive grasp of both legal principles and the emotional challenges faced by individuals and families.
In these situations, the role of a family law attorney is crucial. A well-versed attorney can guide individuals through the maze of legal procedures, ensuring their rights and interests are fully represented. At Family Matters Law Firm PLLC, attorney Linda Leeser and our team of San Antonio family law attorneys may be able to offer the guidance, support, and skilled representation you need to protect your rights and the well-being of your loved ones. Call us today at (210) 997-2914 to schedule a consultation.
Family Court System in Texas
The Texas family court system in Texas is a part of the state district courts, which have general jurisdiction over all cases, including Family Law. Family Law primarily focuses on issues such as divorce, child custody, child support, adoption, and other family-related legal matters.
The Texas Family Code, which outlines the laws and rules governing family matters in the state, is the foundation of the Texas family court system. The code is constantly updated and amended by the Texas Legislature to address the changing needs of families and children.
No-Fault Divorce
No-fault divorce is a type of divorce where the dissolution of a marriage does not require a showing of wrongdoing by either party. This means that a spouse seeking a divorce no longer has to prove that the other spouse committed a specific wrongful act, such as adultery or abuse, to end their marriage. Instead, the parties can simply cite “irreconcilable differences” as the reason for the divorce.
No-fault divorce laws were introduced as a way to reduce the bitterness and animosity often associated with divorce proceedings by eliminating the need for spouses to publicly air their grievances and faults in court. It is now the most common type of divorce in the United States, with all states having some form of no-fault divorce law.
There are several advantages to no-fault divorce, including a faster resolution of the case and reduced legal costs, as well as a more amicable process for both parties. However, there are also disadvantages to no-fault divorce, such as a lack of financial protection for the financially-dependent spouse.
Fault-Based Divorce
Fault-based divorce is a type of divorce where one spouse must prove that the other spouse has committed a specific act of wrongdoing or misconduct resulting in the breakdown of the marriage. Examples of fault grounds include adultery, abandonment or desertion, abuse, mental cruelty, and imprisonment.
In fault-based divorce cases, the spouse alleging fault must present evidence to the court to prove their claim. This can lead to a lengthy, contentious, and costly legal process, with the potential for both emotional and financial harm to both parties. Moreover, if the claims are false or exaggerated, it may damage the accusing spouse’s credibility and negatively impact the final division of property, spousal support, and child custody arrangements.
One advantage of fault-based divorce is that it may provide a more equitable division of assets and spousal support due to the consideration of wrongful behavior. However, fault-based divorces are becoming less common as no-fault divorce laws have been enacted in all states, favoring a more amicable and less adversarial process.
Property Division
Property division is the legal process of dividing the marital assets and debts between the divorcing spouses. Property can include real estate, vehicles, personal possessions, bank accounts, investments, retirement accounts, and business interests.
Texas is a community property state and views all property acquired during the marriage, with few exceptions, as jointly owned by both spouses. Any debt accrued during the marriage is also considered a joint liability. Marital property is typically divided equally between the spouses.
Spousal Support
Under Texas law, the terms “spousal support” and “spousal maintenance” represent distinct concepts. Spousal support, a voluntary arrangement, typically comes about through mutual agreement during the divorce settlement process and can be upheld like a standard contract. In contrast, spousal maintenance is a mandate from the court, hence enforceable as a judicial decree.
Spousal maintenance awards are determined based on specific criteria outlined by the law, taking into account the duration of the marriage and specific circumstances. There are three different criteria to consider.
- If a spouse receives spousal maintenance because the other spouse has been convicted or given deferred adjudication for a family violence offense within two years before or during the divorce proceedings, or if the marriage lasted between 10 and 20 years, the maintenance award cannot exceed five years.
- For marriages lasting between 20 and 30 years, the maximum duration of the spousal maintenance award is limited to seven years.
- For marriages lasting 30 years or more, the spousal maintenance award should not exceed ten years.
Conservatorship
Conservatorship, also known as custody, refers to the decision-making responsibilities and duties that a parent holds concerning their children. In the context of a divorce or separation, conservatorship often becomes a vital and contested issue. There are generally two types of conservatorship: joint conservatorship and sole conservatorship.
Joint managing conservatorship is when both parents equally share the decision-making rights and responsibilities concerning their child. This arrangement is generally preferred by the courts unless there are specific reasons to deny it, such as abuse, neglect, or other harmful behavior exhibited by one or both parents.
Sole conservatorship, on the other hand, is when only one parent is granted the decision-making rights and responsibilities for the child. This may occur if one parent has been deemed unfit, for instance, because of a history of substance abuse or a criminal record that puts the child at risk. In such cases, the other parent, who is granted sole conservatorship, becomes responsible for the child’s upbringing in every aspect, from schooling to health care decisions, religious upbringing, and providing general life skills and guidance.
Possession and Access
Possession and access, also known as visitation, refer to the time that each parent spends with their child after a divorce or separation.
Standard Possession Order: In Texas, the Standard Possession Order applies to children aged three or older, allowing both parents to have possession of the child through mutual agreement. In the absence of an agreement, the noncustodial parent is granted specific possession rights at designated times outlined in the Texas Family Code. The schedules vary depending on the distance between the parents’ residences, with separate provisions for those living within 50, 100, or more than 100 miles apart. These schedules include weekends, Thursday evenings, alternating holidays, and extended summer visits.
Modified Possession Order: The Modified Possession Order is an alternative when the Standard Possession Order does not meet the needs of the family. It differs from the standard order and can be customized to suit the specific requirements of your family. Drafting such an order often necessitates legal assistance.
Possession Order for a child under age three: For children under the age of three, the presumption of the Standard Possession Order does not apply. Parents can reach an agreement on either adopting the Standard Possession Order or creating a different schedule. In the absence of an agreement, a judge will establish an order taking into account all relevant factors.
Supervised Possession Order: If a judge perceives a risk to the child’s safety, they may order supervised visits for a parent. Supervision can be conducted by a family member, a neutral third party, or an agency. If a private agency is involved, the visiting parent may be responsible for associated fees.
| Possession Orders for Child Custody | Description |
|---|---|
| Standard Possession Order | Applies to children aged three or older. Allows both parents to have possession of the child through mutual agreement or specific possession rights at designated times. Schedules vary based on distance between parents’ residences. Includes weekends, Thursday evenings, alternating holidays, and extended summer visits. |
| Modified Possession Order | An alternative to the Standard Possession Order when it doesn’t meet the family’s needs. Can be customized to suit specific requirements. Often requires legal assistance to draft. |
| Possession Order for a child under age three | Presumption of the Standard Possession Order doesn’t apply. Parents can agree on the Standard Possession Order or create a different schedule. In the absence of an agreement, a judge will establish an order considering all relevant factors. |
| Supervised Possession Order | Imposed if a judge perceives a risk to the child’s safety. Requires supervised visits by a family member, a neutral third party, or an agency. The visiting parent may be responsible for associated fees if a private agency is involved. |
Termination of Parental Rights
The termination of parental rights is a significant legal action that severs the bond between a parent and their child. In Texas, as in many jurisdictions, such a drastic measure can only be carried out by a court order. The reasons for termination fall into two categories: voluntary and involuntary.
Voluntary Termination: A parent can choose to relinquish rights by signing an affidavit of voluntary relinquishment, indicating consent to the court’s termination of their parental rights. This process is underscored by strict regulations, including a stipulation that the child must be at least 48 hours old before such an affidavit can be signed. Similarly, an alleged father may sign an affidavit of waiver of interest, forfeiting any parental claims.
Involuntary Termination: The court may also terminate parental rights without the parent’s consent if there is clear and convincing evidence that such action is in the child’s best interests. Grounds for involuntary termination include abandonment, endangerment, criminal conduct, unfitness, abuse or neglect of any child by the parent, keeping the child out of school, or prolonged imprisonment of the parent.
The court takes into account the child’s welfare, often through the lens of the ‘Holley factors’, which are a set of considerations designed to evaluate the best interests of the child. This includes the child’s emotional and physical needs, the stability of the home environment, and the parent’s capabilities.
Child Support
Child support is a legal obligation that requires a non-custodial parent to financially support their child or children. It is designed to ensure that a child’s essential needs, such as housing, food, clothing, education, and healthcare, are provided by both parents, even if they are no longer in a relationship or living together. Child support is crucial for the well-being of children, as it helps to prevent financial instability and stress that may otherwise befall the custodial parent and affect the child’s upbringing.
In most cases, child support is determined through a court order that outlines the specific financial obligation of the obligor. The court will consider various factors in calculating the appropriate amount of child support, including the income of the obligor and the number of children involved. Additionally, child support may be modified over time if there are significant changes in the circumstances of either parent or the child.
Establishing Paternity
Establishing paternity is essential for ensuring the legal rights and responsibilities of both parents and children. It is the process of determining the biological father of a child, thereby guaranteeing the child’s right to financial support, inheritance, and other rights and benefits. Establishing paternity also ensures the father’s right to participate in important decisions about the child’s upbringing, education, and medical care.
Court-Ordered Paternity
In some cases, legal paternity needs to be confirmed, and this is typically achieved through a court-ordered paternity test. This procedure is usually instigated when there is uncertainty or dispute regarding the biological fatherhood of a child. The court may request the suspected father to undergo DNA testing to determine if there is a genetic match, thereby legally establishing paternity.
Acknowledgment of Paternity (AOP)
An Acknowledgement of Paternity (AOP) is a significant legal instrument that aids unmarried parents in legally affirming paternity. It’s a document that can be voluntarily signed by both parents, stating that a man is the biological father of a child and thereby agreeing to take on the rights and responsibilities that come with this acknowledgment. This document plays an instrumental role in ensuring the child’s legal rights, including potential rights to inheritance, medical history access, and paternal benefits.
How to Add a Father to a Birth Certificate
Adding a father’s name to a birth certificate in Texas is not a spontaneous process, but rather, it involves two primary steps. Initially, paternity must be legally established, either voluntarily through an Acknowledgement of Paternity (AOP) or via a court-ordered paternity test in disputed cases. Once paternity is confirmed, the appropriate documentation, typically a form provided by the Texas Vital Statistics office, needs to be accurately completed and submitted. This action will officially add the father’s name to the child’s birth certificate, solidifying legal acknowledgment of paternity.
Mistaken Paternity
The Texas Family Code, as amended by the Texas Legislature, now includes provisions to address situations of mistaken paternity. This legal update allows courts the authority to terminate the parent-child relationship and nullify the obligation to pay child support in cases where paternity has been inaccurately established. This means if a man is proven not to be the biological father of a child after a period of legally accepted paternity, he can be relieved of the legal responsibilities previously assigned to him, protecting individuals from long-term implications of mistaken paternity.
Adoption
Adoption cases involve the legal process of transferring parental rights and responsibilities from a child’s biological parents to adoptive parents. The primary goal of adoption is to provide loving, stable, and permanent homes for children, particularly those who would otherwise be raised in institutional care, foster care, or less-than-optimal family situations.
Adoption establishes a legal parent-child relationship, granting the adoptive parents full rights and responsibilities, including inheritance.
If an adoptive parent passes away without a will, the adopted child would typically inherit in the same manner as any biological child. Furthermore, any inheritances bequeathed to the adoptive parents’ “children” would automatically include the adoptive child. This differs from a conservator-child relationship, where a will is necessary to transfer property to the child after the conservator’s death.
Visitation Rights of Grandparents
Grandparent visitation rights are legal rights granted to grandparents to have contact with their grandchildren. These rights can be established through statutes or court decisions. Generally, grandparent visitation rights arise in situations where the child’s parent has been incarcerated, a parent has died, or the grandchild has been placed in the care of someone other than a parent.
Grandparents must prove that visitation is in the best interest of the child in order to be granted visitation rights. This typically requires showing that a relationship with the grandparent is beneficial to the child and that the grandparent’s access to the child has been unreasonably denied. Courts will often consider factors such as the child’s age, the nature and duration of the grandparent-grandchild relationship, and the child’s wishes (depending on the child’s age and maturity).
Grandparents need to remember that visitation rights are not absolute and that the child’s parents retain the primary right to make decisions about their child’s upbringing, including who the child spends time with. If the parents’ decisions regarding visitation are found to be reasonable, the court may not grant visitation rights to the grandparents. Therefore, it is essential for grandparents seeking visitation rights to consult with an experienced family law attorney to explore their legal options and navigate the complex process.
Termination of Parental Rights
The termination of parental rights is a legal process that severs the relationship between a parent and their child. This effectively ends the parent’s rights and obligations, such as custody, visitation, and child support. Termination of parental rights can occur voluntarily or involuntarily and is typically done in conjunction with adoption proceedings.
Voluntary Termination of Parental Rights
A parent may voluntarily relinquish their parental rights, often in cases where a child is being adopted by a step-parent or another family member. This usually involves the parent providing written consent to terminate their rights and the court reviewing the request to ensure it is in the best interests of the child.
Involuntary Termination of Parental Rights
A court may involuntarily terminate a parent’s rights if it determines that the parent has engaged in serious misconduct or has failed to provide responsible care for the child. Some common grounds for involuntary termination of parental rights include abuse or neglect, abandonment, failure to support, or long-term incarceration.
The process for involuntary termination of parental rights may involve investigation by child welfare authorities, notice to the parent, and a court hearing to determine if there is sufficient evidence to support termination of rights.
Getting the Help of a Skilled Family Law Attorney
Navigating life’s unpredictable course can lead to complex legal issues affecting family and personal connections. Getting the legal help of an experienced San Antonio family law attorney’s support is crucial during such times.
At Family Matters Law Firm PLLC, our Texas family lawyers are dedicated to vigorously protecting your rights and the interests of your loved ones. Whether you require assistance with property division, conservatorship, paternity issues, or adoption, our team is committed to providing compassionate and comprehensive legal solutions tailored to your specific needs. Contact us at (210) 997-2914 and begin this journey with a trusted legal ally by your side.
