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Child Custody During Divorce in Texas

14 Jan

Divorce has a most adverse affect on the life of the children. After the divorce, it is the concern of the custodian parent to take care of all the requirements of their child and make sure that they do not feel low or lonely. In Texas, if the child is minor, then the court grants the single or joint custody to the deserving parent depending upon the case proceeding and arguments presented by the parents or their attorneys. However, in most of the cases, the court provides the joint custody so that the child can get the affection and love of both the parents. But, if the child is more than 12 years of age, then the court ask the child for their preference before granting the custody.

There are some criteria that the parents have to fulfill before getting the custody of their children, which are as follows:

  • The income of the parent and their ability in bringing up their children is the top most priority that need to be considered

  • Between single or joint custody, which of them can be able to meet the emotional requirement of the children and can prove to be better for the growth of the child

  • And, which of the parents have mostly contributed in bringing up the child before filing the divorce

 After fulfilling these criteria and hearing the arguments of the parents for the custody of the child, the judge finally decided to whom the child should be given, as it may be joint custody as well. Therefore, child issues related to divorce in Texas need to be taken on serious node while dealing with it. 

 
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Posted by on January 14, 2013 in Uncategorized

 

5 Dishonest Tactics in a Contested Divorce

11 Dec

You and your spouse might be opting for divorce, as your marriage has come to an end. When a couple is unable to agree upon legal matter related to property division, support amount, visitation rights, child custody, etc. then they opt for contested divorce. As the couples are not on agreeable terms, therefore there is a possibility that certain dishonest tactics can be used during the case proceedings.

5 Dishonest Tactics in a Contested Divorce

The Most Common Dishonest Tactics are listed below:

  1. False accusations and lying: Your spouse may lie or make false accusations against you. For such a situation you need to be prepared well beforehand. Keep all the essential document and evidence ready, so that you can prove your spouse wrong.

  2. Hiding property details: Both the divorcing individuals need to submit details about their property to the court. Your spouse might hide certain property details, so that it is not divided between both of you.

  3. Not allowing the spouse to meet children: It has been commonly observed tactic used to bring emotional pressure on the spouse.

  4. Making the dependent spouse financially unstable: Many a times the bread-winner spouse does not provide any financial support to the dependent spouse, so that they are unable to appropriately fight the case.

  5. Delaying divorce: One of the spouses may try to delay the case proceeding in malicious ways in order to take more time to prove their claim.

You need to be aware about contested divorce law, so that you can be aware about what to expect during the court hearing. Those opting for divorce in Texas need to gain knowledge about contested divorce in Texas.

 
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Posted by on December 11, 2012 in Uncategorized

 

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The Meaning of Contested Divorce

17 Oct

 

 

A contested divorce is a type of divorce where you and your spouse have got problems regarding few settlement procedures and are unable to come to a common decision that is acceptable by both the parties. During such circumstances, you will have to seek assistance from a legal advisor. The lawyer will then speak to your spouse and the opponent attorney to resolve the conflict. However, this is not the case always. If you think that your spouse will not agree after listening to your lawyer, then you can ask your attorney to directly file a contested divorce in the court. The magistrate will then look into unresolved legal issues related to divorce: The major facts that the judge will consider are:

 

  • Property Division – The properties earned before marriage will be given to their respective owners, whereas, those bought after marriage may be equally distributed between the two.
  • Custody of children – The court will decide who should be given the authority to take responsibility of the children. Decisions regarding schooling of children, insurance policies, time given to the non-custodial parent to meet the children will be taken.
  • Alimony – If one of the spouses requires financial support, then the judge will decide the amount the other person should give to the spouse every month.

There are many more points of discussion out of these major three. Some of them are debt division, custody of pets, and division of family home. Once judgments are given by the judge, you will have to follow them strictly. The two issues regarding contested divorce are that they are expensive and time consuming. You should consider all these facts then take a proper decision.

 

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Posted by on October 17, 2012 in Uncategorized

 

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