Establishing who a child's real father is, can be an emotional and sometimes complicated puzzle. When multiple men come forward saying they are the baby's father, it is important for everyone involved to understand how these cases can be sorted out to ensure that the right man is legally recognized as the child's father. You need a skilled paternity Texas attorney to guide you through this complex and highly sensitive legal matter. 

How Is Paternity Determined?

Under Texas law, a man automatically becomes the father of a child if he is married to the child's mother when the baby is born or if the marriage ends within 300 days before childbirth. That is because the baby may have been conceived as a result of an infidelity. Or perhaps, the child's mother divorces a man and then ties the knot with another person within that 300-day timeframe. In both scenarios, the men could presume paternity.

In cases in which two men say that they are the fathers, it may be necessary to go to court. Both individuals will likely have to get some DNA testing done to determine who the biological father is and that person will be legally recognized as the child's father. 

After the pandemic, the cost of just about everything has gone up, and it is understandable that some people are having a hard time dealing with higher expenses. If you believe your ex got a big raise, you could ask the court to redo the child support payments. Recently, some employers have increased their employees' pay to encourage them to stay, rather than training new people. If you have custody of your child and you need more child support to cover the extra costs, you should seek the help of a Texas attorney to help you make the necessary changes in your child support order. 

What Is Involved in Changing a Child Support Order?

Under Texas law, if you want to change your child support payments, you will need to show the court that there has been a big change in your situation to justify the change. If the court decides that there is a significant change in your life, it will approve what it calls a modification or change.

For example, if you find out that your ex-spouse got a raise while you are dealing with higher expenses, you could ask the court to redo the child support payments. Just saying that prices are going up is not enough because that usually impacts both parents' cost of living. 

A divorce can be emotional especially when children are involved. But when a child with health or educational needs is caught in the middle of a complex child custody battle, some parents will fight to extremes. Perhaps they are triggered by a misconception that the maternal instinct of a mother will weigh heavily in court and that the mother will get automatic custody. A Texas attorney can help you understand your options and what the courts will look at in these child custody cases.  

Is a Mother More Likely to Get Custody of a Special Needs Child?

Under the Texas State Constitution custody decisions are not made based on the gender of a parent. When the court determines child custody and visitation, it takes a look at what will be in the best interest of the child, whether the child has special needs or not. Therefore, if a father was very involved in the life of his child before the divorce, he deserves to be allowed to strengthen that bond. This could also show the court that he is the better parent to raise his children.

How Does the Court Decide Which Parent Gets Custody of a Special Needs Child?

When it comes to child custody of children with special needs, disagreements can be about everything, from treatments to educational choices. Under Texas law, the court will usually appoint one parent as the guardian or it may appoint a child advocate to represent the interests of the child with special needs. Texas family courts consider the following factors to determine future custody arrangements:

Child support payments are intended to be for the direct benefit of the children following a divorce. Within that context, there is a wide range of acceptable uses for child support funds that may not all be strictly related to a child's basic expenses. Of course, child support can be used for clothing, food, medical costs, or school expenses, but it can also be used for entertainment and vacations. If you feel your child's other parent is spending child support money on themselves, contact experienced Austin child support lawyers.

There are almost always expenses that benefit the children as well as their custodial parents. Rent, utilities, and household items are necessary to raise a child, and a parent may save child support funds in case of emergencies. However, if a parent is spending child support money in ways that are not associated with the welfare of the children, this can be a problem. Recognizing how child support can be improperly used is important for taking action when necessary. 

How Can I Find Out How My Ex Spends Child Support? 

Parents paying child support cannot get a detailed list of how child support funds are spent. Once child support payments are ordered by a court, the parent who receives the payments has complete discretion when it comes to how they spend the payments as long as they serve the children's best interests. Parents paying child support who are concerned about how funds are spent will need to raise the issue in court or with the Texas Child Support Division. 

Divorce is a life-altering event that can unleash a whirlwind of emotions and challenges many never imagined before. For stay-at-home moms, the journey through divorce can be particularly daunting, as it often involves navigating complex legal, emotional, and financial territories while also tending to the needs of children. However, there are empowering strategies that stay-at-home moms can employ to effectively cope with divorce and emerge stronger on the other side. For example, one of the most essential ones is to enlist the help of an experienced Austin divorce lawyer who can competently guide them through the process.

Building a Strong Support Network

During an divorce in Austin, the importance of a support network cannot be overstated. Stay-at-home moms can lean on friends, family, and even support groups to provide emotional reassurance and a listening ear. Sharing experiences, concerns, and triumphs with others who have navigated similar journeys can offer invaluable insights and a sense of camaraderie.

Prioritizing Self-Care

Amid the chaos, stay-at-home moms must remember to prioritize their own well-being. Self-care is not a luxury but a necessity. Engaging in activities that bring joy, relaxation, and fulfillment can help alleviate stress and maintain a positive outlook. Whether it is pursuing a hobby, practicing mindfulness, or indulging in regular exercise, carving out time for self-care is a powerful tool for managing the challenges of divorce.

In Texas, as in many other states, child custody matters can become complex and emotionally challenging for unmarried couples who are separating. Unlike married couples, unmarried partners don't automatically have the same legal rights regarding child custody and visitation. Having an experienced Austin child custody attorney who can shed light on the child custody rights that unmarried couples have in Texas and provide insights into potential legal options to navigate these sensitive issues is imperative.

Understanding Parental Rights for Unmarried Couples

In Texas, the parent-child relationship is presumed for a child born to a married couple. However, for unmarried couples, establishing parental rights requires legal action. 

Texas law recognizes the biological mother as the child's natural guardian, granting her sole custody unless otherwise determined by the court. Consequently, the biological father doesn't have automatic parental rights, even if he is named on the birth certificate.

Divorce is often an emotionally and financially challenging time. One of the most pressing concerns for many individuals is the fate of their marital home. If you are going through a divorce in Texas and fear that your spouse might attempt to sell the house before the proceedings are finalized, it's crucial to understand your rights and the legal options available to protect your interests. The best way to learn more about your rights and how to exercise them is to contact a seasoned Austin divorce lawyer from Powers and Kerr, PLLC.

No One Can Sell While a Divorce is Pending

In Texas, as in many other states, when a divorce petition is filed, an Automatic Temporary Restraining Order (ATRO) often takes effect automatically. The purpose of the ATRO is to maintain the status quo and protect both spouses' interests during the divorce process.

The ATRO typically includes provisions preventing either spouse from selling, transferring, or disposing of marital property without the other spouse's written consent or a court order. This typically includes the family home.

Texas divides marital assets based on community property laws. This generally means that any asset or property acquired after your marriage will be divided between you and your spouse during a divorce. However, rules and conditions apply, which can help you protect separate property in a high asset divorce. This article explains what that means and how you may safeguard property ownership under unique circumstances. 

What Is Separate Property? 

Any property owned by a spouse before marriage or received individually afterward is considered separate property.