W. Tyler Moore, PC

Houston Legal Blog

Don't fall for these common divorce myths

While many people in Houston know someone who has gone through a divorce, when it comes to divorce, no two cases are alike, just like no two marriages are alike. It is important not to compare your divorce to those of others. In addition, it is important not to fall for the following myths some people may have about the divorce process.

First of all, not every divorce ends in a courtroom show-down. Instead, it is possible to negotiate the terms of one's divorce out of court. When this happens, the parties need only submit the final agreement for court approval, necessitating only a brief hearing, if that.

Guiding you through your child custody options

Divorce is by no means easy for the spouses that go through them. Even when a couple mutually agrees to end their marriage because it is in their best interests, the wishes and interests of the spouses are not always the focal point of dissolution. For divorcing parents in Texas, the process is based on the best interest of the children involved. This is not just regarding child custody and support but can also pour over into divorce issues such as property division and alimony. Nonetheless, the most imperative decision to address during divorce regarding children is custody.

Depending on the factors involved in the marriage and the needs of everyone post-divorce, a child custody decision could take various forms. While shared custody is the order most promoted in society today, this is not always the most suitable arrangement. At W. Tyler Moore, P.C., our experienced legal team understands the complexities that child custody issues can bring to the table. Thus, we are devoted to helping parents in the Houston area navigate these issues.

Is it possible to modify a child custody order in Texas?

Parents in Texas who have established a child custody (conservatorship) order may find that for a while, things run smoothly. They are able to care for their child during their allotted custody or visitation periods, and child custody exchanges are made with little trouble.

However, as time marches on, parents may find that their lives have changed significantly since the original child custody order was made. Plans that once went off without a hitch have now become unfeasible. In situations like this, is it possible for parents to seek a modification of existing orders?

Paternity is important in establishing child support

Child support payments are a sticking point for many dads. While you and the child's mother were never married and aren't together anymore, you still love your kid. Although many parents in Texas arrange a joint managing conservatorship, mom might still have more control over your child's life than you.

This notion can make it tough to determine what is "fair" to pay in child support. You want what is best for your child without feeling like the money is going to be used as disposable income for mom - what do you do?

Mediation experience can be helpful in a Texas divorce

When couples in Texas divorce, in most counties they have to go through the mediation process first. This can actually be a good thing. It gives couples a chance to resolve their divorce legal issues privately and in a quicker manner than litigation would take. It also lets them keep control over the outcome of their case because mediation may resolve their divorce legal issues in a way that is agreeable to both of them.

Divorce can be an emotionally trying time, and mediation can be one way for couples to part ways in a less traumatic manner. This may especially be true if there are children involved, as any child custody decisions should meet the child's best interests.

What kinds of child custody arrangements are there in Texas?

Texas parents getting a divorce may have a lot of questions. They may be concerned about their child's well-being during the divorce process and afterwards, especially since the child will be going from one two-parent household to two one-parent households. It is a big change that will take some time to adjust to. Therefore, parents may want to make sure that a fair and appropriate child custody and visitation schedule is established.

First of all, it helps to understand some of the terminology regarding child custody in Texas. The state uses the term "conservatorship" when referring to child custody, which encompasses each parent's rights and responsibilities towards the child. Also, in child custody matters, the parent is referred to as a "conservator."

What lessons can be learned from a celebrity divorce?

It seems like just about every day supermarket tabloids are announcing the divorce of yet another celebrity couple. It may seem like being in the limelight makes these divorces subject to a great deal of public scrutiny. Moreover, the average person may feel like they do not have much in common with the rich and famous. But, there are lessons that people in Houston can learn from celebrity divorces.

First, if one wants their divorce to stay as private as possible, they may want to file for it in a small county in their state of residence. And, consider "when" to file for divorce. For example, for couples with children, it may make more sense to divorce in the summer, so the child does not have to deal with the divorce proceedings and school at the same time.

How can I encourage my ex-spouse to pay child support?

Unfortunately, deadbeat parents who do not pay their child support payments is not uncommon in the United States. According to the federal Office of Child Support Enforcement, in 2009 alone there were approximately $108 billion dollars in back payments owed to custodial parents. So what can you do if your ex-spouse is not paying child support payments?

It might be tempting to try to punish a parent by not letting him or her have their visitations with your child, but this might actually be counter-productive. Allowing a parent to maintain a relationship with his or her child may help encourage them to make child support payments a priority. If a parent has an emotional investment with their children and their growth and well-being, they will be more inclined to make payments. From their perspective, if a parent is not letting a non-custodial parent see their child, they may be less-inclined to "reward" the custodial parent with the child support payments. It becomes a virtual catch-22 situation.

How do courts determine the best interests of a child?

Courts throughout the United States, including the state of Texas, understand the importance a healthy environment means to the wellbeing and upbringing of a child. In the process of a divorce, things can get heated between sparring spouses; such negativity could affect a child not just today, but later in life.

When going through the process of a divorce, the court's primary objective is to protect the best interests of the child. There will inevitably be many changes in the child's life. The courts want to do whatever possible to minimize these changes and assure that the child's environment remains happy and healthy.

How can I collect alimony?

If your marriage is failing and you suspect that a divorce may be on the horizon, you may want to start preparing yourself now. There are many issues that will need to get resolved, including but not limited to property division, child custody and visitations, child support and possibly alimony or spousal support. So, what is alimony and why is it important.

It is not uncommon that during the course of a marriage, one spouse stays to home to care for the house, take care of chores and errands and, if there are children from the marriage, care for them. They often do this at the expense of their career. We all know that taking care of a home and children is a full time job.

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