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Along with American society, the Texas Family Code has changed to address changes and adaptations in society. These changes in the Family Code required attorneys and parties alike to understand the importance of those changes proceeding into a family law case. An outdated understanding of the family laws of Texas is a huge issue among family law parties. You will be unable to serve yourself and your children with that mindset. However, understanding these changes is not always easy. Sometimes the laws are difficult to understand. Other times the changes are so small that they are difficult to appreciate.
Moreover, the changes occur every two years when the legislature meets. During those periods, laws were proposed and passed that would impact the Texas Family Code. Some of those changes are major while others affect only the periphery of family law. Regardless, as a potential party to a family law case you need to understand those changes and how they may affect you. This is especially true in the context of a divorce or child custody case.
These small changes in the law can have tremendous impacts on you and your family moving forward. The last thing you want to do is find yourself in a position where a change in the law was unnoticed by you. This can lead to significant disruptions to your life and that of your family. In today’s blog post from the Law Office of Bryan Fagan, we are going to discuss some of the more notable changes to Texas family law over the past few years. Any questions you have about these changes can be addressed to our attorneys in a free-of-charge consultation.
What kinds of cases are involved in Texas family law?
Texas family law touches on a range of topics that are critical to families across the state. As family law attorneys we’ll be quick to tell you that no area of a person’s life is not impacted by family law. This comes as a shock to many people. When you think about your day-to-day life and all that goes into it may not occur to you that a divorce or child custody case will matter. However, as we are about to see family law cases have potentially major impacts on each area of your life.
The most notable family law case is a divorce. Divorce cases involve legally ending a marriage. As part of a divorce, there are potentially two broad areas of this case. The first is marital property division. Marital property division involves determining what property you own is marital and then dividing that property equitably. As you can see, when it comes to dividing property in a divorce this can have major impacts on your family finances both now and into the future. Working with an experienced family law attorney can provide you with a major boost to your case.
The other notable part of a divorce is matters related to child custody. As we are about to see, child custody is its own, separate type of family case. However, divorce cases are unique in that they combine financial and family matters. Child custody involves determining issues like visitation, possession, and child support related to your children. Your job as a parent is to look out for the best interests of your child. This is also the standard a court will use when determining issues related to the children.
Child custody cases in Texas examined
Child custody cases can spring forth from a divorce or can be their separate case. A child under the age of eighteen may be subject to the orders of a family court. Depending upon the age of your child you must be able to understand the implications of your decisions. Many people struggle with being able to determine what is in the best interest of their child. Working with an experienced family law attorney is a great way for you to learn how to best serve your child in this capacity. Many times, parents struggle to learn the law. Not only that, but the changes in Texas family law also make this analysis even more difficult.
Although child custody Is one of the major types of family law cases in Texas you will not find that term in the Texas family code. Rather, the word “conservatorship” is used in Texas family law to refer to the rights and duties a parent has concerning their children. A joint managing conservatorship is presumed to be in the best interests of your child. This is a conservatorship where you and your co-parent share decision-making authority relating to your kids. However, it is possible to overcome this presumption with evidence showing that this type of conservatorship arrangement is not appropriate.
Addressing changes in Texas family laws related to child custody
Within child custody, you and your attorney need to be aware of any changes made in Texas family laws related to child support. Child support is frequently paid by a non-custodial parent to a custodial parent. Since the custodial parent has possession of the children more frequently it follows that he or she would new position to have more financial Involvement. For this reason, child support is paid from one parent to the other to make up that difference. Child support is frequently paid by considering the net monthly resources of the non-custodial parent.
Joint managing conservatorships
One of the most integral changes made to Texas family law in recent years has to do with the presumption in favor of joint managing conservatorships. In a joint managing conservatorship, both parents are given a great deal of authority when it comes to decision-making on behalf of their children. One of the great misnomers of Texas family law cases is that one parent typically gains most of the decision-making authority on behalf of the child. This is not true. Most of the time you and your co-parent are assigned rights and duties which are fairly even.
In Texas, ports are encouraged to strongly consider that children do better having a relationship with both parents. This presumption is the legal norm. When potential clients of the Law Office of Bryan Fagan come to our office for a free-of-charge consultation, they will oftentimes state their goal in the case as becoming the sole decision-making authority for their child. In very few cases will this end up becoming true. The reason for this is the presumption in favor of joint managing conservatorships.
Joint managing conservatorships force you and your co-parent to work together to address the best interests of your child. Undoubtedly, this presents itself as a challenge. Your co-parent may be someone that you do not see eye to eye with very much at the moment. Courts readily acknowledge this.
However, courts will also readily acknowledge that your child tends to do better when both you and your co-parent are playing an active and involved role in their life. What this forces you to do is consider the case from the perspective of your child. Namely, making decisions that are geared towards his or her long-term success.
The rights of grandparents in Texas
When it comes to changes in our society, one of the most significant relates to grandparents’ rights In child custody. Recent changes in Texas family law have made it easier for grandparents to assert themselves in child custody cases. Many of us know people in our personal lives who have close relationships with their grandparents. This could be a circumstance where those individuals were raised almost fully by their grandparents. Perhaps because their parent was deemed unfit to do so.
Grandparents have the potential availability to assert their rights regarding both custody and visitation. In both situations, a grandparent must be able to show that he or she played a major role in the life of their grandchild previously. Typically, a court will require a grandparent to show significant involvement in the child’s life in the preceding six months before a lawsuit. This is done to prove standing or the ability to stand before the court to seek relief. Otherwise, a court will not deem a grandparent had be a physician who is able to make a ruling on the issues presented.
Although changes in Texas family law have resulted in greater rights for grandparents that does not mean that it is an easy road. Or grandparents to traverse. Rather, there are still potential hurdles and roadblocks to consider. This does not mean that you should not pursue visitation or custody rights as a grandparent. However, it does mean that a greater emphasis is placed on understanding these sometimes-subtle changes in Texas family law. Consider working with an experienced family law attorney to help your family find its footing and protect its best interests.
Domestic violence and changes in Texas family law
One of the most notable areas of change in Texas family law relates to domestic violence. Unfortunately, for too many Texas families, domestic violence is an issue. When you or a loved one is impacted by domestic violence it can feel like there is no one there to help. Recent changes in Texas family law have sought to provide families and victims of domestic violence with sources of help. This includes the ability to file for temporary orders or emergency protective orders.
Many of the larger counties in Texas have designated courts where only applications for protective orders are heard. Rather than having to file a divorce or child custody case and wait weeks for a hearing, a protective order court can almost immediately hear your arguments as to why a protective order needs to be granted. Subsequently, your spouse or Co parent would have an ability to present their own arguments. However, in the short-term courts seek to protect the interests of families and their safety above all.
Do you find yourself in a position where you need a protective order? Are you not sure if your situation calls for that? If so, then seek help for yourself and your family. It is an intimidating position to be the victim of abuse or violence. Many times, you may not be thinking clearly due to the impact of the violence on your life. Therefore, consider reaching out to the Law Office of Bryan Fagan to discuss your circumstances in greater detail.
Changes in Texas family law: spousal maintenance
Many of us are familiar with the topic of alimony from television and movies. We hear about alimony as a way for families to look out for the financial interests of spouse in a divorce. More specifically, we tend to hear about alimony as a part of divorce cases involving wealthy individuals. The wife who married the rich, older man only for his money will undoubtedly ask for a significant amount of alimony in this movie or television show.
This depiction of alimony does a great disservice to those who have legitimate concerns about their finances after a divorce. For many people, a divorce may cause great uncertainty from a financial perspective. For instance, consider a situation where you have been a stay-at-home parent and spouse for the entirety of your marriage. This was done completely by agreement with the family and children in mind. However, now that you are getting a divorce those decisions are beginning to reveal consequences. Namely, that you lack certain skills and experience which may allow you to work outside the home.
Spousal maintenance would allow you to receive financial support from your ex-spouse for a certain period after the divorce. Texas courts do not view spousal support as a lifetime institution. Rather, spousal maintenance is seen as a temporary or stopgap measure to assist a spouse who needs immediate financial assistance. With that in mind, let’s examine some of the circumstances that a court would utilize to possibly order spousal maintenance.
Spousal maintenance factors considering changes in Texas family law
To begin, spousal maintenance may be ordered in marriages which have lasted for at least ten years. If your marriage is less than ten years old then your chances of being awarded spousal maintenance decrease significantly. If your spouse has been found guilty or has received deferred adjudication for a crime involving family violence within the past two years then spousal maintenance may be ordered. Otherwise, the 10-year marriage is critical to determining whether you can be awarded maintenance at all.
Next, there are caps on the amount of spousal maintenance a court may order. Typically, no more than 25% of a spouse’s gross monthly resources can be ordered as a spousal maintenance award. For this reason, it is important to have experienced representation in your divorce. Being able to accurately and fairly determine these resources is important.
For example, you may need to have an attorney help you find out all the sources of income of your spouse. This can have pay tremendous impact on your ability to receive spousal maintenance. Attorneys can request discovery or make other attempts to retrieve and then analyze this information on your behalf. Trying to argue for spousal maintenance without this critical information is like fighting a war with only half of your soldiers.
Final thoughts on changes in Texas family laws
Being aware of relevant changes in Texas family law is critical before you begin a case. Think about watching a television show. If that show has been on for six seasons but you stopped watching in the second season you are at a major disadvantage when it comes to understanding this show. You may recognize certain characters what the plot lines are beyond your comprehension. Overtime you may be able to figure out what is happening. However, it will not be something you immediately pick up on.
This is even more true in the world of Texas family law. You need to be aware of current Texas law and the impact of the changes immediately. More than that, you need to be able to understand how those changes impact you and your family. Having an experienced Texas family law attorney buyer side can be the difference between success and failure in a family law case. A major part of this analysis is understanding the changes in recent years to Texas family laws.
Thank you for joining us today on the blog for the Law Office of Bryan Fagan. Our attorneys post unique and informative blogs on a range of family law topics seven days a week. If you have any questions about the material, you have read in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan for a free of charge consultation.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
