Understanding Visitation Rights
If a child’s parents do not live together, the state of Texas presumes that both parents have the responsibility to provide financial support and the right to custody or visitation. Though child support and visitation may seem like two sides of the same coin, they are separate issues. If one parent withholds child support, this does not give the other parent the right to withhold visitation — and vice versa.
How are the terms of child visitation established?
It is a common misconception that because Texas presumes that parents should be named joint managing conservators of their children, that possession of the children is split equally between the parents.
The Texas Family Code refers to custody as “Conservatorship” and visitation as “Possession and Access”, and makes it very clear that joint managing conservatorship does not require the Court to award equal or nearly equal periods of physical possession of and access to the children to each of the conservators.
The Texas Family Code further lays out a rebuttable presumption that the standard possession order provides the reasonable minimum possession of a child for a parent, and that the standard possession order is in the best interest of the child.
A 50/50 possession order only works with parents who reside relatively close to each other, such that the ability to get the kids to and from school is not problematic. That being said, it can be very beneficial in a myriad of situations for both parent and child. Contact a board certified child custody lawyer to discuss those reasons and the likelihood of success in obtaining a 50/50 possession schedule.
In situations where domestic violence has occurred, the likelihood of obtaining a 50/50 possession schedule is extremely limited.
The Texas Family Code prohibits the appointment of joint managing conservators if there is a finding of past or present child neglect, or physical or sexual abuse directed against the other parent, a spouse, or a child. The code further lays out a rebuttable presumption that the appointment of the abusive or neglectful parent as sole managing conservator or joint managing conservator with the right to determine the primary residence of the child is not in the child’s best interest.
The family law lawyers of Scroggins Law Group are here to advocate for you.
- Petition for divorce is filed
- Legal Notice /Waiver of Service
- Respondent files an answer and often a counterpetition
- Parties may or may not have a hearing
- After the preliminary matters are settled, parties will move into the Discovery phase.
Temporary Orders Texas Divorce Lawyer can secure based on the parties’ ability to agree on certain issues, such as:
- How will the temporary conservatorship work?
- Who will have temporary possession and access to the children?
- Who will remain in the marital home during the pendency of the divorce?
- Who will pay the household bills?
- Will interim attorney fees be ordered?
- Will a child custody evaluation be ordered?
- Will an amicus attorney be appointed?
- Will psychological evaluations of parties or children be ordered?
- Will a business valuation be performed?
- Is there an exchange of sworn inventory and appraisement?
During this step of the process, parties are entitled to ask for information related to the case in the form of:
- Interrogatories – written questions
- Requests for Production of Documents
- Request for Admissions
- Subpoenas sent to third parties
- Depositions
- An attempt at negotiation of the division of debts and assets, child custody, and spousal maintenance, if applicable.
- If informal negotiations fail, Mediation offers another chance to settle the matter with the assistance of an impartial mediator. Most often, an attorney who is board certified in family law by the Texas Board of Legal Specialization of a former family court judge.
- If an agreement is reached and a Mediated Settlement Agreement (MSA) is signed, the parties will prepare an Agreed Decree of Divorce, attendant closing documents, such as Qualified Domestic Relations Order, and subsequently appear in Court to “prove up” the divorce.
- A Divorce Decree will be drafted in accordance with the Court’s ruling or the jury’s decision.
Residency Requirements and Grounds for Divorce in TX
Aside from no-fault divorce, your Texas divorce attorney will guide you through seven statutory grounds for divorce in Texas that require a finding of fault on the part of one of the spouses:
- Adultery
- Abandonment for one year or longer
- Domestic violence
- Physical/ mental abuse or other cruel treatment
- Mental incapacitation for at least three years
- Conviction of a felony
- Imprisonment for at least one year
Property Division
The family law lawyers of Scroggins Law Group are here to advocate for you.
High Net-Worth Divorce Issues
Divorce attorneys at Scroggins Law Group have extensive experience in all disputes surrounding high net-worth divorces in Texas. We work diligently to ensure all marital assets, from automobiles, stocks and art collections to oil & gas limited partnerships, retirement assets, and vacation properties, are properly valued and assessed. Keeping your privacy in mind, our divorce attorneys in Texas will strive to obtain the best possible resolution, whether through mediation or trial.
Child Custody
Possession and access are exactly what they sound like; the amount of time you and the other parent have with the children. The “best interest of the child” is the primary consideration in determining child custody. It is Texas’ public policy for children to have frequent and continuing contact with parents who have shown the ability to act in their best interests, and can provide them with safe, stable, and nonviolent environments.
Texas parents are encouraged to share in the rights and duties of raising their children even after they have separated or divorced.
• The child’s primary residence
• Rights and expected duties of each parent
• Designated periods or days when each parent will have access to the child
• Decisions on all health care services for the child
• Expenses for the child’s extracurricular activities
• How relevant issues regarding the child’s future well-being will be decided
• Payments of child support
Child Support
2 children = 25% of the Obligor’s net income/resources
3 children = 30% of the Obligor’s net income/resources
5 children = 40% of the Obligor’s net income/resources
6 or more children = Not less than the amount for 5 children
A parent will, on most occasions, be ordered to make the child support payment through the Child Support Disbursement Unit. Informal payments made in other fashions can be disregarded by the Court in a future hearing.
Spousal Maintenance
Eligibility to receive post-divorce financial support is determined by the following factors:
- The parties were married for at least 10 years The spouse seeking maintenance does not have “sufficient property,” including their separate property, to provide for their minimum needs
- The spouse seeking maintenance cannot earn adequate income to support themselves due to a mental or physical disability, or because of custodial responsibilities to an offspring of the marriage who requires specialized care due to physical or mental impairments.
- The court may also award maintenance if a spouse was convicted of or received deferred adjudication for a criminal offense that constitutes an act of family violence within 2 years of the date of filing of the petition.
Enforcement of Orders
Work with a Board-Certified, Texas Family Lawyers
The decision to end a marriage is rarely an easy one. Our divorce attorneys in Texas know this — and do everything they can to help you smoothly navigate this often tiresome and frustrating legal process. If you are filing for divorce, or have been filed against it, we supply the guidance and support needed to safeguard your interests — and your financial and emotional investments in your marriage.
Mark L. Scroggins is board-certified in family law by the Texas Board of Legal Specialization. Over the past two and a half decades, Scroggins, as a reputable divorce lawyer in Texas, has handled hundreds of divorce cases with aggression, compassion, and attention to detail. His extensive courtroom experience as a divorce lawyer, legal savvy, and genuine care help clients emerge from the breakdown of a marriage as intact as possible.
No matter the circumstances of your particular divorce, a Texas family law and divorce lawyer can make a challenging process more bearable by addressing your concerns with compassion and respect. You can count on Mark L. Scroggins and the team of divorce attorneys and paralegals at Scroggins Law Group for high-caliber representation in all matters, including divorce modification, appeals, mediation, trial, and enforcement of orders.
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