Justia Lawyer Rating
Justia Lawyer Rating
National Bar Association
Fort Bend County Bar Association
State Bar of Texas
United States District Court of Southern Texas
Texas Supreme Court
Avvo Reviews Badge
Texas Bar College
Expertise Best of 2024

Understanding Divorce in Texas: Child Custody and Support


    Understanding Divorce in Texas: Child Custody and Support Divorce can be a difficult and emotionally demanding process, especially when children are involved. It is essential to have a thorough understanding of child custody laws in Texas and access to reliable resources to navigate this challenging terrain. Fortunately, Texas has a variety of resources available to support parents going through divorce and seeking child custody arrangements that prioritize the best interests of their children.

The first step towards understanding child custody in Texas is to familiarize oneself with the state's laws. In Texas, there are two main types of custody: conservatorship and possession. Conservatorship refers to the legal rights and responsibilities of a parent, while possession refers to the physical custody and visitation schedule. Understanding these concepts and the key factors that influence custody decisions can help parents better prepare for their legal proceedings.

To begin the process, parents can turn to the Texas State Law Library, an invaluable resource offering free access to legal information. The library provides comprehensive guides and publications on family law, including divorce and child custody matters specific to Texas. Additionally, their website offers a directory of legal aid clinics across the state, which can be especially beneficial for low-income individuals seeking legal support during divorce proceedings.

Another valuable resource is the Texas Department of Family and Protective Services (DFPS). DFPS provides resources and guidance on child custody matters, ensuring the welfare and safety of children involved in divorce cases. Their website offers a wealth of resources, including information on establishing parentage, grandparents' rights, and legal processes pertaining to child custody. Parents can also find support through DFPS's Parent Resource Guide, which provides helpful tips and information on navigating separation, divorce, and child custody matters.

For parents seeking further guidance, numerous legal organizations and family law attorneys specialize in child custody matters in Texas. These professionals possess extensive experience and expertise in the intricacies of Texas family law. Consulting with these experts can provide parents with the knowledge they need to make informed decisions and advocate effectively for themselves and their children during divorce proceedings.

In addition to legal support, emotional and counseling resources are essential in helping families navigate the challenges and stresses that arise during divorce and child custody disputes. Organizations such as The Parent Guidance Center of Texas and the Texas Counseling Association offer a broad range of resources, including therapy services, support groups, and educational programs, tailored to parents and children dealing with divorce.

Finally, parents can access a variety of online guides, forums, and support groups to connect with others who have firsthand experience with child custody matters in Texas. Online support communities, such as Texas Divorce and Custody Support and Divorcecare.org, provide a platform where parents can share their stories, seek advice, and find solace in the shared experiences of others.

Going through a divorce and navigating child custody can be one of the most challenging periods in a parent's life. Nevertheless, with the help of various resources available in Texas, individuals can find the information, support, and guidance needed to ensure the well-being of their children throughout this process. By utilizing these resources and seeking professional and emotional support, parents can make informed decisions that prioritize the best interests of their children, while easing the burden of divorce.

Property Division, Marital Property and Assets in Texas Divorce

Going through a divorce is never an easy process, particularly when it comes to dividing up marital property and assets. In the state of Texas, property division is guided by the principle of community property, which means that all assets acquired during the course of the marriage are considered jointly owned by both spouses, regardless of who purchased or earned them.

Under this principle, marital property and assets are subject to equitable division between the spouses. Equitable division does not always imply an equal 50/50 split, but rather a fair and just division based on various factors, including the earning capacities of each spouse, their separate property, their future needs, and the length of the marriage.

Marital property typically includes any assets acquired during the marriage, such as real estate, vehicles, bank accounts, retirement accounts, investments, and even debt. It's important to note that inheritances and gifts received by one spouse during the marriage are usually considered separate property and are not typically subject to division. However, if separate property has been mingled with marital property, it may become subject to division. Determining the character of property as either separate or community can sometimes be a complex process.

In Texas, couples are given the opportunity to reach an agreement on the division of property through negotiations or mediation. If an agreement cannot be reached, the court will step in and make a decision based on the principle of community property. The court will consider various factors such as the age and health of each spouse, their education and employability, the contribution of each spouse to the marriage, and any disproportionate earning capacities.

It's worth noting that Texas is a "no-fault" divorce state, meaning that the court does not consider marital misconduct when making property division decisions. This can help simplify the process, as the focus remains on fair distribution rather than assigning blame or punishing one party.

Dividing property and assets in a Texas divorce requires careful consideration and often the assistance of legal professionals. Hiring an experienced family law attorney can provide invaluable guidance and ensure that your rights and interests are protected during this process.

In conclusion, property division in a Texas divorce is rooted in the principle of community property, which means that all assets acquired during the marriage are considered jointly owned. Marital property is subject to equitable division, taking into account various factors. Seeking legal assistance can be crucial in navigating the complexities of property division and ensuring a fair outcome for both parties.

Talk to a Lawyer

An experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.

Client Reviews
Selecting an attorney can be one of the most difficult decisions a person has to make. In what seems like an overwhelming sea of attorneys who do you choose? Are they qualified, compassionate, and are they willing to fight for you without compromising their integrity? When faced with this decision in 2016 I received this and more when I retained Rahlita Thornton as my attorney. Since 2016 she has represented me on several court cases and I've never been disappointed. She is well versed and very knowledgeable on many aspects of the law. Attorney Thornton and her staff work diligently to ensure no stone is left unturned and justice is served. When I was crippled with fear, bullied, and felt like giving up she was my voice. She is highly recommend and I'm truly blessed to have her in my life. TTW
It was a divine power that drove me to call. There are ton of lawyers online but I knew this attorney was the one for me. C.B., Divorce Client
Attention & communication is very good when working with this professional legal team. They are here to help you whenever questions arise and explain details as they go. Thank you for taking the time to accept my case & working with me. P.L.