Misconceptions in child custody & visitation are more common than you think. I often get inquiries from individuals who want "sole custody" of their children. Texas family law doesn't really provide for "sole custody" of children. It gives parents titles like Sole or Joint Managing Conservator and Possessory Conservator. With such a title, parents then receive rights and duties to their children under a court order. The most important rights are the right to establish the primary residence of the child, the right to receive child support and the right to primary possession of the child subject to the rights of the other parent under a possession order whether it's a Standard Possession Order or a custom possession order. If you need clarification about these misconceptions in child custody & visitation cases. talk to an experienced family law attorney.
Protective Orders are not just available in Family Law cases. It's pretty well common knowledge that the Texas Family Code has provisions for a protective order if the court finds that family violence has occurred and is likely to occur in the future. In Harris County, there is one specific family law court that handles all applications for protective orders. Family violence is an assaultive offense against a family member or a person with whom you have a dating relationship. Any court in Texas with family law jurisdiction may enforce a protective order. Chapter 85 of the Family Code deals with these family violence protective orders.
Don't impersonate your spouse on line. Doing so is a violation of the Texas Penal Code section 33.07. It's a 3rd degree felony! Being mad and getting even with your spouse or significant other is not worth the fall out. That statute is worth reading before you go online and do a hatchet job. It's illegal to use the name or persona of another person without consent and with the intent to harm, defraud, intimidate or threaten any person to create a web page or post or send meesages on or through a commercial social netwoking site (like Facebook, Linkedin).
Wiretapping in divorce cases is fraught with danger for the unwary. Both Federal and State laws govern a spouse's attempt to intercept, record, or use the other spouse's conversations. The federal Wiretap Act is violated when any person intentionally intercepts, tries to intercept, or uses a third party to intercept or try to intercept any wire, oral, or electronic conversation. Long story short: don't tap your wife's phone or place a "bug" where she has an expectation of privacy.
Be honest with your child custody lawyer. Lawyers need to know all the relevant facts in their cases. Of course, your lawyer needs to know the good points of your case. Most importantly, your lawyer needs to know the bad points, warts and all, as early as possible. You can count on the "bad" facts being brought out in court whether or not you want them to. Your lawyer needs to know what they are in order to deal with them as positively as possible. Don't be embarrassed to tell your lawyer what he/she needs to know that may be used against you in your child custody case.