Child Support


parent 2
When you are getting a divorce, establishing the rights and duties of Texas parents before the divorce is finalized is a must. It is also important to pay attention to the parenting plan that will be included in your final divorce decree. The parenting plan will include many things such as a guide to the rights and duties of Texas parents until the children graduate high school or turn 18, as well your considerations regarding your child after the divorce. In other words, the parenting plan will include information about conservatorship and child support as well as access and possession information. These factors cover the different parenting methods you’d have to adapt following the divorce. Of course, these factors are basically the same ones you need to maintain a good relationship with your child even while staying married. It’s just that in a divorce, the judge will spell out your duties and responsibilities clearly in a legal document. Most parents are most concerned about how much time they’d be allowed to spend with the children after the divorce. Here are the things you need to know about the factors mentioned above so that you can feel at ease somehow, and so that you can prepare for possible custody issues. Rights and Duties of Texas Parents in Conservatorship Every parent can relate to that longing for more time with the children. We all know how critical it is for our child’s growth and well-being too. When you are going through a divorce, it is natural to worry about these things more than usual. You will realize the importance of the time you get to spend with your child when you are on the verge of losing it. Of course, unless you have done something extreme, you won’t lose the right to […]

The Rights and Duties of Texas Parents   Recently updated !


mother holding child
Child support is the continuous payment made periodically by a parent for the benefit of the child. Different states provide different ways under their law on how to apply for a child support order. In Texas, the process of child support can overwhelm someone who does not have any idea what to expect. Being able to know what step will come next is helpful in preparing and going through the whole process. The following are the important steps in the process: Establishing of Paternity This is one of the most essential and important parts of a case for child support. Paternity is defined as  “legal fatherhood.” The establishment of paternity can help fathers have not only a legal relationship but also an emotional bond with the child or children. This process benefits the whole family. It is also important to remember that for parents that are unmarried, the birth father does not have any legal rights over the child until after paternity is established. Obtain a Court Order A person who wishes to file for support order must be file before the court  where the child lives. If the child is in another state, and the noncustodial parent lives in Texas, then the filing must take place in in the county where the other parent lives. Fill out the correct petition form for child support. The full names of each child, their birthdates, the one filing for child support’s name, his or her Social Security number and driver’s license, and the other parent’s name and address are the information that will be needed in the form. Some forms may need to be notarized. After notarization, make several copies before filing them with the court clerk. The court clerk will stamp on all the copies with the date of when they […]

How to File a Support Order in Texas   Recently updated !



child custody
Divorce is hardly ever a pleasant proceeding. Unfortunately, some situations offer no other recourse than for the law to step in. Texas established geographical restrictions for child support ensuring the child welfare and the equitable behavior of the estranged parents. Geographic Restrictions Defined In the aftermath of a divorce, the main concern of the State is on the child. If the estranged parents are adults with no criminal liability, the court cannot impose any geographic restriction on them. The court can set limitations on where the child can reside. This is the basic definition of Geographic Restrictions in the context of divorce.  The Purpose of Geographic Restrictions The Court has various reasons on why it imposes geographic restrictions. The principle is similar to that of custody. It is to ensure that children can have a stable home and a healthy way of life. The Court can impose regular visitation and contact with the estranged parents. The parent awarded with primary custody can move wherever he or she likes within the limits that the court set. The parent with primary custody is also restricted to location, distance, and other factors. Any time that the custodial parent intends to move the child outside the geographic restriction, there should be a discussion between the estranged parents and their attorneys. If the court has assigned strict restrictions, an agreement between the two parties will not sufficient. The custodial parent should file a modification case with the decision subject to the judge. Child Support Considerations Any attempt to move should be discussed with the non-custodial parent. The primary considerations are visitation and child support. The non-custodial parent cannot absolve his responsibility to provide support. The custodial parent should allow visitation. The custodial parent cannot refuse visitation. He or she must discuss the decision with his […]

Texas Geographic Restrictions for Support and Custody Cases


summary proceedings
A summary judgment is when a court disposes a case either because the party who filed the lawsuit or the petitioner does not have enough evidence to win the case or because a responding party or the respondent does not have a clear and proper defense to the allegations brought against him or her by the former.  One of the parties can basically file for a motion for summary judgment to dispose of the case if the opposing party does not have any strong evidence to support their arguments in the case.  This is applicable in family law cases.  If the case deals with more than one issue, the parties can decide to have some of them decided via a motion for summary judgment before trial.  Chances of settling also increases with the help of filing a motion for summary judgment. This is because summary judgment removes certain issues which the opposing party may argue about. This basically limits what a party has to present during trial. Traditional Summary Judgment vs. No Evidence Summary Judgment There are two different types of motions for summary judgment. These are the traditional summary judgment and the no evidence summary judgment.  A traditional summary judgment is when a party with the burden of proof may file for a motion of summary judgment by proving that he or she is entitled to judgment as a matter of law by establishing affirmative defense or presenting each of the element of his or her own claim.  Most, if not all, traditional summary judgments have to be backed by summary judgment evidence that is competent.  On the other hand, a no evidence summary judgement, the party without the burden of proof is stating to the court that the opposing party has no affirmative defense or no evidence to […]

What is a Summary Judgment in Texas?



What You Should Know About Protective Orders and Name Changes
Protective orders and name changes are some of the things that a party could want in a family law case. It is commonly needed when certain actions from a spouse or partner necessitate a request for protective orders from the court. This is pretty common in the presence of family violence. Family violence is basically a threat or an action of violence by one family member to another. Any threat or action that could cause or have caused physical harm, bodily injuries, as well as physical or sexual assault is classified as violence. Violence or threat of violence against a child who is not a biological member of the family but is living in the same household is still classified as family violence. Violence from a person whom you are dating is classified as dating violence. Just like any other type of violence, it involves an action with the intention to cause physical harm and injury, as well as physical and sexual assault. An action that causes significant fear of violence also classifies as violence. Any adult in the household can file for protective orders for any member of the family including children. For dating violence, any adult involved in the relationship can file for protective orders. In order for the court to release protective orders, the requesting party should provide proof that violence has occurred or that it is bound to occur in the future. At times, a testimony of the victim is enough for the court to issue protective orders. What Happens When The Court Issues Protective Orders If the court finds that you have been a victim of family or dating violence, the court will make sure that the perpetrator will not be able to continue his or her violent acts towards you. The protective order will […]

What You Should Know About Protective Orders and Name Changes


education of children after divorce
Finding out your child got accepted to a college can bring a lot things.  Joy, excitement, that proud feeling as a parent knowing that your child’s going places are some of the usual feelings you’d get.  Aside from that, one other thing that finding out that your child got into a college would be the tuition that comes with it. What does your settlement say? Being a divorced parent may be hard, especially if you’re still in the process of raising a child.  Balancing your living expenses for things such as your child’s college education may be a problem, especially if you aren’t exactly financially well off.  When figuring out how to pay for your child’s college tuition, it would be good to look at your divorce settlement to see what it says about paying for your child’s education.  If child support isn’t a required condition for the divorce where you live, you may try to seek for a modification in your divorce settlement to make it possible for your ex-spouse to help pay for your child’s tuition. Arrange for a settlement that will help with tuition expenses If you are still in the process of getting divorce, it would be good to arrange for a settlement that will help split the costs for your child’s college education (as well as all the expenses that come with it) with your spouse. Depending on where you live, it may not be required in a divorce settlement though it is still sometimes discussed in coming to a settlement.  The best way is to check if there are any laws regarding it or just simply discussing it during the settlement proceedings. Saving for it Whether or not you’re divorced, about to get divorced, or still together, the best way to help prepare for […]

Paying for College Tuition with Your Ex-Spouse



father and child
There are times that when a couple is not married but have children, the child will not have an acknowledged legal father. This is because Paternity is not yet established. In the eyes of the law, Paternity should be established in order for a child to have a legal father, even without the child’s parents marrying. For a brief background, Paternity covers the state of being a father to a person. When Paternity is established in a family, the father’s name will be indicated in the birth certificate of the child. In the same manner, the father will also have certain rights to the child. Paternity Order There is a possibility that the child’s biological father who is no longer in good terms with the family will be replaced by the new standing father in the family. When this happens, the best document that the spouses must acquire in is the Paternity Order. In Texas, Paternity is acquired when one gets a paternity order. This will be the indication to who will be the child’s father in the family that will be generally accepted in all referring documents, and to all references that will need the name of the father. Paternity orders will include the terms of the visitation, financial support, medical support and custody of the child. It is important to note however that the spouses are also presented with the option to only establish Paternity, without having to pass a Paternity Order in the court. Acknowledgment of Paternity Paternity will be acknowledged in this manner if the parents are in good terms and are willing to sign a certain document that will establish that the parent is the legal father of the child. This document is called the “Acknowledgement of Paternity.” This must be signed by both parties, […]

What is Paternity?


Responsibilities of the Custodial Parent
A custodial parent is the one who has the sole physical custody of the child or the one with whom the child lives with for the most part. Custodial parenting involves a lot of responsibility which is just similar to any other aspect of being a dad or mom. Even if the parents of the child are on good terms, it is still a good idea to consider other options when it comes to the custody of the child and know and learn the law before one would need it.  Other than the basic duties that a parent should give to a child such as providing the primary needs, rearing the child into becoming a better citizen and of course, loving them and making sure they are well taken care of, the following are some duties and responsibilities that a custodial parent should do: Consider the Best Interests of the Child The legal standard on which most, if not all, family court decisions are based are the child’s best interests. This means doing what is best to make sure that the child will grow happy and healthy. This may refer to placing the needs of the child above anything else. All actions of any parent, custodial or non-custodial should be based on this standard. Discuss Important Matters with the Non-Custodial Parent Having joint custody requires the custodial parent to discuss with the non-custodial parent matters that significantly affect the child. This includes change in residence or where to send the child for school. Raising a child is no easy task and the non-custodial parent should be involved in every step of the way. Honest discussions between the two parents regarding their take on handling different issues that result from raising children is the key to a good parenting plan. This […]

Responsibilities of the Custodial Parent