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.
Premarital property agreements in family law cases are becoming more commmon in Texas. People are marrying later in life than in the past, after they have acquired assets and have net worth they may want to protect. Texas law recognizes the validity of premarital and postmarital property agreements in divorce cases. The validity depends on whether or not the agreements follow the statutory requirements for either a premarital or postmarital agreement. The requirements are not the same.
Absent a marriage, there is no community property to divide when the relationship ends. If couple has a ceremonial marriage by a judge or by a minister or priest, there may be community property. If a couple meets the requirements for a common-law marriage, in Texas, there may be community property to divide. This is so whether the marriage is between heterosexual couples or same-sex.
Temporary Orders in Family Law Cases in Harris County are a large part of a court's family law docket. Once a divorce is filed, questions arise: who will live in the house, who will pay what bills, will one spouse receive temporary spousal support from the other, where will the children live, what rights will the parents have regarding the children while the divorce is pending, how much child support will be paid, what visitation will the parents have. These are examples of what a family law court will have to decide once a divorce case is filed.