The scope of a protective order in Texas varies significantly, making it crucial to know when and how to extend your protective order. While family courts in Austin do their best to safeguard your rights and protect you from hostile exes, you must remain vigilant. Take steps to extend the protection and notify authorities immediately if the abusive partner violates the order. This article explores your options, so you know what to do before or after your current order expires. 

Can a Protective Order Be Extended in Texas? 

Temporary protective orders usually last for 45 days unless stated otherwise. You can extend the order by filing a motion for an extension before the designated time ends. This applies to cases where you do not receive a court date after the judge issued a temporary protective order. 

The extension rules for long-term protective orders in Texas vary from case to case. 

Assets acquired during a marriage are considered community property in Texas. That means that, if you divorce, the property is equally distributed between you and your spouse. 

Prenuptial and postnuptial agreements can help you divide most assets on your terms. Our Austin family lawyers can help you make an informed decision to minimize the risk of arguments and complex property litigation in the event of divorce. 

Who Should Sign a Prenuptial Agreement?  

As the name suggests, prenuptial agreements are made before the marriage. 

One of the most difficult decisions in a divorce for a couple who has children is how the parenting time of the children will be divided. Multiple studies have shown that children benefit from having both parents actively involved in their lives. This has led over the past few years to more and more family court judges leaning towards shared custody of the child instead of one parent having primary custody and the other parent having a visitation schedule.

In most shared custody cases, the child goes back and forth between each of the parent’s homes. They have two bedrooms, two sets of clothes, two sets of toys, etc. And although the child is benefitting from having both parents active in their life, it can still be difficult for the child who is always going from one house to another, with issues popping up, like forgetting their favorite stuffed animal that they sleep with at night at their other parent’s house. A fairly new type of custody may solve these types of issues, but is it workable in all cases?

Birdnesting Custody

In a birdnest custody situation, there is one “nest” and that is where the child resides 100 percent of the time. Depending on what type of property division agreement the couple worked out, the house that the child lives in is the marital home.

When a couple makes the decision to divorce, one common concern they often have is how to make sure the divorce will have the least amount of negative impact on their children as possible. It is well documented how much of an effect divorce and child custody has on families, with new living arrangements often needed, new family dynamics, and new roles for everyone. The smoother these changes occur, the better adjusted children will be.

It is not always easy to work together with someone you are divorcing, given the acrimony that may be present, however, that should be the goal when it comes to co-parenting. One of the most important tools that can help attain that cohesiveness between parents is to create a parenting plan that you both can agree on.

Creating a Parenting Plan

As you negotiate custody with your soon-to-be ex-spouse, you will also want to set down guidelines regarding how this shared custody will work. Every parenting plan is different because it should be tailored to your specific situation. Some parents may need to have only a brief overview of what is expected, while other parents will need extensive details included in their plans.

One of the most contentious issues between divorcing couples is child support. The parent who receives the support often thinks the amount the other parent has to pay is not enough to cover all the actual expenses of the child, while the parent who has to pay often thinks they are paying too much and questions where the money is going. While the judge is the one that makes the final decision on how much child support should be paid, many parents are still unsure what child support is actually supposed to cover.

How Child Support Works

When parents divorce, they must consider certain issues regarding the children. These issues include child custody and parenting time. Whether or not child support will be paid and which parent will pay is a decision made by the court and usually depends on the amount of time the child will spend with each parent.

Child support is supposed to cover certain expenses, while other expenses usually need to be addressed separately in the parenting agreement. These extra expenses may include childcare costs, medical insurance and medical expenses, extracurricular activities, and sports. Future college tuition is also an issue that should be addressed during divorce negotiations.