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Divorce in Texas With Children

San Antonio Attorney Representing People in Divorce Matters

Choosing to end a marriage can be a difficult and emotionally complex decision. When a couple has children, dissolving their marriage can be even more challenging, as they will have to determine issues such as child custody, visitation, and support. As such, any parent contemplating seeking a divorce should consult an attorney to discuss their rights and obligations. The capable San Antonio divorce lawyers of Parra Law Firm can answer any questions you may have regarding divorce in Texas with children. We understand the importance of obtaining a favorable resolution in divorce cases in an efficient and discrete manner, and if we represent you, we will advocate aggressively in your favor.

Divorce in Texas With Children

Under Texas law, anyone can file a petition for dissolution of their marriage if they or their spouse have lived in the state for six months. They must reside in the county where they file the petition for at least 90 days prior to filing. The petition must indicate whether there are children born of the marriage that are under the age of eighteen or are otherwise entitled to support. Additionally, the suit for dissolution must include a suit affecting the parent-child relationship.

If there are no existing child support or custody orders in place and the parting spouses have an amicable relationship, they may be able to obtain a prompt dissolution. Specifically, they can seek an agreed divorce if they agree on all the issues before them, including child support, custody, and visitation. In other words, once the petition has been filed, if the responding spouse signs a waiver of service only form or answer and files it along with a completed decree of divorce form, the judge will likely sign the decree and issue an order determining issues like property division, custody, and support. The final decree will not be entered, however, until 60 days have passed since the filing of the petition for dissolution.

Child Custody and Child Support in Divorce in Texas With Children

In many cases, however, a couple will not agree on how custody should be divided or whether child support is necessary. In Texas, conservatorship is the word used to describe legal custody. In any dispute over custody in Texas, the courts’ primary concern is the child’s best interest. The courts will weigh multiple factors in determining what custody arrangement is best for a child, including the health of both parents and the child, which parent acted as the primary caretaker for the child prior to the divorce, each parent’s resources, and the child’s needs. Typically, the courts will find it to be in a child’s best interest for the parents to be named joint conservators, which means they can both make important decisions regarding the child’s upbringing and care, but in some cases, one parent will be named the sole conservator.

Under Texas law, all parents have a duty to provide financial support for their children. When a couple with children divorces, it is not uncommon for one parent to be ordered to pay the other child support. The courts apply guidelines to determine the appropriate amount of support. The guidelines set forth recommendations based on the monthly income and resources of the parent obligated to pay support and the number of children being supported. The courts have the authority to deviate from the guidelines, however, if it is warranted under the circumstances.

Speak With a Knowledgeable San Antonio Attorney Today

Married couples with children often believe they will be together forever, but in some cases, it is better for both them and their children to legally redefine their relationship via divorce. If you would like to pursue a divorce in Texas with children, it is in your best interest to speak to an attorney promptly. The knowledgeable San Antonio attorneys of Parra Law Firm are proficient at guiding people through the process of ending their marriages, and if you hire us, we will help you fight to protect your interests. We have an office in San Antonio, and we frequently represent people in family law disputes in San Antonio and in nearby areas. You can contact us through the form online or at (210) 332-5454 to set up a free and confidential conference.

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"Hands down the best law firm out there. They stuck through a very difficult divorce and child custody case with me. I had battled for years. I would recommend anyone of the attorney's in this firm. They look out for your best interests and have your back the entire time. Thank you again Parra Law for absolutely everything" Susan D.