Family Law - All types of litigation involving the relationships
within the traditional, nuclear family, as in divorce or child
custody.
Divorce - The dissolution of the partnership formed at marriage
and division of the assets and liabilities accumulated during
the marital relationship. In Texas, the court measure for dividing
the "community estate" is a "just and right division" considering
all relevant factors.
Child Custody - Any action brought by a parent or other person
with the legal authority to request the court to grant them
the right to raise the child. The Texas Family Code and case
law presumes a parent is the best individual to raise their
child over a non-parent.
Child Support - Generally a specified amount
paid periodically by one parent to the other parent, or person
with legal custody of the child, for the benefit of the child.
However, health insurance premiums and uninsured medical costs
incurred on behalf of a child are also enforceable as child
support.
Child(ren) - any unemancipated minor to whom
a parent owes a duty of support.
Guardianship - The legal right and duty to care for another person's
estate and person. Guardianship is the title necessary to obtain
over an adult disabled child who cannot function in the world
as a competent adult.
Conservatorship - The legal term for custody. Under the Texas
Family Code, the person with sole custody is called "Sole Managing
Conservator" and the "visiting parent" is called "Possessory
Conservator." In recent years, however the Code presumes all
parents will be named "Joint Managing Conservators," dividing
the relative rights and duties between the joint managing conservators.
Grandparents Custody - Grandparents are given some preference
over 3rd party non-parents in custody cases, however
the genetic link alone is not enough to overcome the prevalent
"best interest" test in custody cases.
Grandparents Visitation - The right of grandparents to visit
with their grandchildren is directly tied to their own children's
generosity in allowing that visitation to take place. In recent
times, grandparental "visitation" rights have eroded to virtual
non-existence, as the law protects parents' rights to raise
their own children as they see fit and without interference.
International Child Abduction - Governed by the Hague Convention
which many countries signed off on to coordinate efforts when
a parent without legal custody abducts a child and takes them
out of the child's home country.
International Child Custody - Custody of a child can be maintained
in the child's home country or another country, depending on
the facts and applicable law of the jurisdictions involved.
Parental Kidnapping - A parent who wrongfully absconds with their
child, secreting the child from the other parent, can be found
to be both civillay and criminally liable for such act. Further,
the offending parent's right to visitation with the child may
be restricted, if not eliminated.
Parental Rights - In Texas the rights and duties of a parent
are enumerated in the order originating from any suit affecting
the parent-child relationship. There are rights and duties
that parents have at all times, rights and duties that each
parent would have during their respective periods of possession
of the child(ren) and rights that either parent may have exclusively.
Stepparent Adoptions - In the event a stepparent wants to become
a "legal" parent of his/her stepchild, they may join with their
spouse, in a suit to have the court establish a "legal" parent-child
relationship between the stepparent and the child. The parental
rights of the other parent, not the spouse of the stepparent,
must be terminated before the adoption can be granted.
Termination of Parental Rights - In order for a parent to be
relieved of their legal duties as a parent and in order for
another individual to adopt a child, that parent's legal rights
and duties must be terminated for all time by a court.
3rd Party Custody - Other persons, not the parent
of a child, may petition a court for custody of a child. To
qualify as such a person the individual must have significant
contact with the child. In Texas the Family Code scrutinizes
any non-parent in their bid for custody and requires an extremely
high burden be met by the non-parent seeking custody over a
legal parent.
Visitation Rights - The Texas Family Code outlines guidelines
for possession and access to any child the subject of a suit
affecting the parent-child relationship. Through the years,
the "visiting" parent's presumed minimum time allotment as outlined
by the Code, has increased to be only slightly less than the
custodial parent's time.
Alimony - Texas now has court-ordered alimony available to persons
leaving marriages of 10 plus years and without the ability to
meet their reasonable minimum monthly needs even after the division
of the marital estate. The alimony statute was passed as a
rehabilitative statute, designed for spouses that have been
in long-term marriages and not in the workforce, maintaining
the marital household and raising the children, if any. Additionally,
the parties may agree, contractually, to an alimony plan within
their divorce.
Community Property Law - Community property is defined in the
Texas Family Code as all property in existence in a marriage
that is not separate property.
Domestic Relations -"Family Law"
Marital Agreements - Spouses may enter into an agreement, enforceable
as a contract that characterizes the property accumulated during
marriage so that decision is not left up to a court should the
parties dissolve their marriage by divorce.
Marital Property Distribution - The Texas Family Code mandates
that a court divide assets and liabilities accumulated during
marriage in a manner that is "just and right" according to the
circumstances.
Marital Property Law - The Texas Family Code governs the methods
of management, control, characterization and distribution of
all assets and liabilities accumulated during the marriage relationship.
Name Changes - The name of a minor child can be changed in a
court proceeding with the agreement of both parents. An adult
may change his or her name as long as he or she can prove the
request is not made to avoid existing or potential creditors.
Paternity - A father of a child, not being married to the mother,
must establish his parentage in a court of law in order to reap
the benefits of a parent. A Paternity or Parentage suit, in
addition to establishing the legal relationship between a father
and child will also deal with other issues such as child support,
visitation, health insurance, uninsured medical, pre- and post
natal expenses and surname of child.
Post-Divorce Modification - The court granting the divorce has
continuing jurisdiction to revisit all issues relating to the
child(ren) post-divorce, including custody, visitation and child
support.
Post-Nuptial Agreements - see "Marital Agreements" definition.
Premarital Agreements - Persons intending to marry have the right
to enter into an agreement to maintain separate property as
separate and even to characterize community property after marriage
as separate, which is significant as no court has the authority
to divest a person of their separate property.
Spousal Support - Each person has a statutory duty to support
their spouse. If a divorce is filed, the court may order one
person to pay directly to the other spouse, or to any creditors
for the benefit of the spouse.