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How Do Paternity Tests Work in Texas?
Paternity refers to the legal father-child relationship. Life is complicated, and many people find themselves in situations in which the paternity of a child is uncertain or contested by a parent. Determining paternity and legally establishing the father-child relationship is crucial for many different reasons.
Confirming paternity provides an opportunity for a father to be involved in his child's life. Furthermore, establishing paternity is often the first step in securing child support - a crucial form of financial support for single parents. Paternity testing is frequently used to confirm whether a man is indeed a child's biological father.
When is Paternity Testing Necessary?
Paternity testing is needed when the father of a child (or potential father) is not named on the birth certificate or when there is doubt or uncertainty as to who the biological father of a child may be. Paternity testing can also help resolve disputes between unmarried parents and provide legal proof that an alleged father is, in fact, the biological parent. Paternity testing may also be used to confirm that an alleged father is not the child's biological parent.
Can a Divorced Parent Move with a Child Out of State?
In Texas, child custody is referred to as conservatorship. If a parent has sole managing conservatorship, he or she has sole decision-making authority over the child. This means that the parent can change the child's school, move him or her to a new residence, or make other decisions without the other parent's input.
If divorced parents have joint managing conservatorship, both parents have a right to be involved in their child's life and to make child-related decisions. Parents with joint conservatorship cannot move the child out of state without the other parent's consent. The other parent has the right to object to the move or ask for modifications, such as allowing them visitation rights in their home state.
Moving When Parents Share Custody
Parents who share custody are held to different standards than parents with sole conservatorship. If a parent with joint conservatorship wants to move, he or she will need permission from the child's other parent. If both parents agree to the move, they can submit a “Stipulation and Order” to the court and modify their parenting plan to account for the relocation. If one parent does not consent, then the parent who wishes to move can file a petition for relocation with their local family court.
When are Parental Rights Terminated in Texas?
Parents have certain rights and obligations under Texas law. Parents are expected to provide a safe home for their children and ensure that the children are adequately fed and taken care of, attend school, and receive medical care. Parents also have rights, including the right to make decisions about their child's upbringing and spend time with their child.
However, there are situations in which a parent's rights may be terminated, either voluntarily or involuntarily. Typically, the termination of parental rights occurs in the context of adoption.
Parents May Voluntarily Terminate Their Parental Rights to Allow an Adoption
Some parents recognize that they are not in a position to care for a child. They may be struggling with severe mental illness, substance abuse, or other personal problems that make them unable to provide a safe and stable home. For this reason, they may voluntarily consent to terminate their parental rights through the court so that the child can be adopted by someone else.
Three Situations in Which a Postnuptial Agreement May Be Beneficial
In a previous blog, we discussed the advantages of utilizing a prenuptial agreement to define property rights before getting married. Prenuptial agreements have long been the subject of skepticism, but more and more couples are recognizing the utility of such a document. Many family law attorneys are seeing an increase in the number of people requesting prenups – especially among the younger generation.
Postnuptial agreements are very similar to prenuptial agreements: They describe each spouse’s property rights and obligations in the event of divorce or the death of a spouse. However, a postnuptial agreement is signed after the couple has gotten married. Read on to learn about three situations in which a postnuptial agreement may be beneficial.
The Couple Owns Significant Assets
If either spouse in a marriage has significant wealth, a postnuptial agreement can help protect that wealth. Many people look into getting a prenuptial agreement after they experience a financial windfall. For example, a wife who inherits real estate from a deceased relative may wish to use a prenuptial agreement to classify the property as a non-marital asset. Property acquired through inheritance is generally considered non-marital property, however, countless circumstances can lead to transmutation. A postnuptial agreement ensures that the home does not become entangled with marital property and end up as part of the marital estate.
How Does Same-Sex Divorce Work in Texas?
On June 26, 2015, same-sex marriage was legalized across the United States. This means that same-sex couples who were married in a state that recognized their union are now able to get divorced in any state, including Texas.
Before 2015, things were a bit more complicated for same-sex couples who wanted to end their marriage. Some states did not recognize same-sex marriage, so these couples had to travel to a state that did in order to get married. This made getting divorced more complicated, as the couple would then have to return to the state where they were married in order to dissolve their union.
Now, same-sex couples can get married and divorced in any state. The divorce process is largely the same as it is for heterosexual couples. However, same-sex couples may still encounter legal and financial challenges when ending their marriages. If you are a same-sex couple who is considering getting divorced, it is important to seek out the help of an experienced family law attorney.
October is Domestic Violence Awareness Month: Know Your Rights If You Are a Victim
Domestic violence is something that many people sweep under the rug. Although abuse between spouses, romantic partners, and family members is common, many people are hesitant to discuss these matters publicly. October has been named Domestic Violence Awareness Month to bring these issues to light and help victims understand their rights and options.
If you have been abused by a current or former boyfriend, girlfriend, spouse, family member, or household member, know that you do not have to tolerate this behavior. There are court orders called protective orders available that can help you get out of an abusive relationship or living situation.
Protective Orders Available in Texas
A person who is a victim of family violence, abuse, sexual assault, stalking, or trafficking can file for a protective order. In Texas, there are different types of protective orders depending on the relationship between the victim and the abuser and other factors:
Discovering Hidden Assets in Your Parker County Divorce
Finances are inevitably a huge factor in a divorce case. Each party's income, assets, and debts influence the division of property, child support, and if ordered, spousal support. Both spouses are expected to be transparent about their finances. Unfortunately, some spouses attempt to hide assets in order to keep more for themselves after the divorce.
Finding Undisclosed Money and Property During Divorce
Undisclosed assets and false financial information can heavily influence the division of assets during divorce. If one spouse is caught hiding money or property, the other may be entitled to a greater share of the marital assets.
There are many ways that a spouse may try to hide assets. They might:
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Keep cash hidden in a safe place
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Have separate bank accounts that the other spouse does not know about
How Will Adultery Affect My Texas Divorce Case?
One of the most confusing aspects of getting divorced is that divorce laws vary greatly from state to state. For example, in Texas, divorcing spouses may list a fault-based “ground” or reason for divorce while other states only have no-fault divorce grounds. Cruelty, felony criminal conviction, abandonment, and adultery are some of the fault-based grounds in Texas. “Insupportability” is the main no-fault reason for divorce.
If you are getting divorced because you or your spouse cheated, it is important to know how this can affect your divorce case. Unlike many other states, Texas courts can and do consider infidelity when making decisions about the outcome of a divorce.
Divorce and Extra-Marital Affairs
When someone files for a fault-based divorce, they are alleging that the other spouse’s actions caused the divorce. Adultery, or the act of having sexual intercourse with someone other than your spouse, is a common fault-based ground for divorce in Texas.
Three Conversations To Have Before You Write Your Texas Prenuptial Agreement
The furthest thing from most new couples’ minds is the idea that their relationship will come to an end. But when nearly 50 percent of marriages end in divorce, the notion of a marriage lasting forever might seem naive to those who tend to be practical about making major decisions. Prenuptial agreements are a great way to protect both you and your future spouse’s interests at a time when you are feeling generous and considerate towards each other. Although negotiating a prenup may not feel like the most romantic thing to do, having a solid legal agreement in place can save time, money, conflict, and heartache down the road if the relationship does end. Here are three important conversations to have before you begin discussing your Texas prenuptial agreement.
What Do You Own and What Do You Owe?
Couples building a prenuptial agreement will need to disclose all of their property and debts. Each spouse should list his or her real estate, business interests, investments, and other assets. Spouses must also disclose debts, including credit card debt, student loans, and personal loans. A prenuptial agreement allows spouses to classify assets and debts as either marital or separate property. Marital property is owned by both spsoues while separate property or non-marital property is owned by only one spouse.
How Can I Get Full Custody of My Kids in Texas?
Although parents usually make decisions that are in the best interests of their children, Texas family law courts recognize that a parent’s judgment may be blinkered during divorce. Unfortunately, divorce often turns into a zero-sum competition between spouses and when the children get caught in the middle, fights over custody, false accusations, and other high-conflict behaviors can emerge.
Texas courts must therefore try to objectively determine what is in a child’s best interests and make child custody decisions accordingly. Generally speaking, judges are reluctant to give one parent full custody, and any parent seeking full custody must demonstrate that there is a good reason to grant that arrangement. However, there are certainly situations where the children are better off staying away from one parent, and it can be helpful to know what those are.
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Our firm serves clients in Weatherford, Parker County, and the surrounding areas, including Palo Pinto, Mineral Wells, Springtown, Azle, Aledo, Hudson Oaks, Anetta, Willow Park, Greenwood, and Brock, as well as communities in Tarrant County and Wise County.
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