What is Geographic Restriction? In Texas, a geographic restriction limits where the children can live. The term is generally found in a custody order. For example, a geographic restriction may state that “PETITIONER has right to designate the residence of the children within Harris county and the counties surrounding Harris County. In other words, the […]
What is common law marriage (in Texas)? One of the questions people ask is “What is common law marriage?” or Does informal marriage exist in Texas? An informal marriage or common law marriage is a lawful marriage where a ceremony is not required. It is held to the same standard as a formal marriage. The […]
Who Can File Suit for Custody? General Standing. Not every person has legal standing (right) to bring a lawsuit in a child custody suit. Under the Texas Family Code, there are general standing to file or initiate a suit. Who may file an original suit? Generally, there are approximately 15 criteria according to section 102.003: […]
There are Six Grounds For Fault-Based Divorces in Texas. In the state of Texas, a spouse can file for divorce without blaming the other spouse; in other words, you can file for divorce without assigning the fault of the break up to the other person. This is also known as a divorce ‘due to discord […]
Supervised Visitation – Who can supervise custody visitation? A court may order supervised visitation in a case of family violence, including child neglect or abuse. Supervised visitation means the parent committed the abuse or family violence cannot visit the child alone. Therefore, a third party must be present in the room when he or she […]
How Does Summer or Extended Summer Period of Possession Work in a Standard Possession Order? During the summer breaks, parents or guardians find themselves arguing over who gets to spend time with the child, when, and for how long. In a Standard Possession Order, the general (standard) boilerplate languages per the Texas Family Code read: […]
What is the main difference Between Informal Agreement and Mediation? Informal Agreement Informal agreement is an agreement between the parties outside of court. Generally, both parties may reach a verbal or written agreement regarding the use or division of properties, custody, and child support. However, the court has discretion on the fairness of such division. […]
What are some reasons to modify a possession order or custody? Perhaps routines have changed or there is a new development for the child. If you and the co-parent have a stable relationship and communication, then you can make changes based on mutual agreement. In most Final Order, there is a statement: “in the absence […]
Mediated Settlement Agreement A mediated settlement agreement, also known as MSA is a contract. It is binding on the parties once signed. If you are represented by an attorney, then your attorney must sign as well. The purpose of a mediation is for the parties to reach an agreement. Therefore, once you have signed, any […]
“I want my money back!” His wife, soon to be ex-wife, shouted. Under section 3.402 of the Texas Family Code, a claim of reimbursement includes: Payment by one marital estate of the unsecured liabilities of another marital estate; Inadequate compensation for the time, toil, talent, and effort of a spouse by a business entity under […]