Houston Business and Family Law Blog

According to KXAN News, in 2017, Texas lawmakers considered Bill HB453, one that "would have allowed the court to grant equal parenting unless it was against the best interest of the child." The bill did not survive the legislative process, which understandably disappointed its proponents. 

Strong advocates of shared parenting, KXAN reports, remind the public, "too often, parents are unable to get equal visitation time with their kids during a separation or divorce." While they recognize they will not always be the only role models in their children's lives, they still want to have the chance to be actively involved.

A custody battle may be one of the most difficult things you will ever have to endure. Following what may have been an emotional divorce, you may now have to engage with your former spouse in a dispute over who is the more fit parent for your children. While the very premise of it may be distasteful to you, it is possible that if you do not take careful steps to prepare for this hearing, you risk losing custody of your children.

A significant part of your case will involve documentation. This is proof, on paper, of the ways you and your spouse parent, for better or worse. 

If you and your spouse contemplate a Texas divorce and are the parents of a disabled child over the age of 18, can you seek child support for that child even if (s)he no longer lives with you? This was the issue the Supreme Court of Texas addressed in the 2018 case of In the Interest of C.J.N.-S. and J.C.N.-S. 

In this case, a Texas couple divorced in 1998. One of their children had continuing medical problems that started prior to her 18th birthday. She began living on her own once she turned 18 in 2011. Ultimately she received a diagnosis of gastroparesis in 2013, meaning that her condition makes it necessary for her to have a feeding tube and take medication, both of which preclude her from maintaining employment. Her mother pays both her living and medical expenses and also visits her regularly to help with household chores.

One of the most difficult issues to resolve when going through a divorce is that of child custody. When your marriage does not work out and you make the hard decision to end the relationship, children are often caught in the crossfire. If you decide to undergo a traditional court divorce, the judge presiding over the case will often consider several factors before determining the type of custody arrangement will work best for the situation.

First, the judge may look at the ages of the children and whether or not they are in school. If you have children who are not yet in school, the schedule may be more versatile than parents who have school-aged children, who may do best in a more stable living situation. The judge may also look at each parent’s job and how much time they are able to spend with the children. Another key factor is the relationship between you and your children, as well as your mental health and physical health history.