When a couple gets divorced, there are certain issues that they must either come to an agreement on or the court will decide for them. If the couple has children, then one of those issues is child custody. Once the court has handed down custody decisions – either with or without the parents’ agreement – the position of the court is that the child custody order will stay as is unless there is extenuating circumstances that would warrant a change. Otherwise, it is highly likely that there would be parents who would be filing frivolous motions in an attempt to have the court issue a custody modification.

Although the courts do not make it easier to obtain a modification, it is important that any parent who has legitimate concerns about the current custody situation consult with an experienced child custody attorney to find out what legal options they may have.

Filing a Motion to Modify

The grounds for custody modification vary depending on the state you live in. In Texas, in order to file for modification, the requesting parent must prove that the change is in the child’s best interest and at least one of the following circumstances exists:

Not every married couple who decides they do not want to live with their spouse files for divorce. There are couples who make the decision to separate either before or instead of filing for divorce. There are several reasons why this may be more beneficial than immediately filing for divorce. The following is a brief overview of what some of the benefits are, however, an Austin family lawyer from our firm can evaluate your situation to see which option is the right one for you.

Reasons for Separating

When a couple is separated and no longer living together, they are still legally married even if they are living apart. They may be living entirely separate lives; however, neither spouse is free to marry anyone else. However, there are benefits this separation can offer a couple.

The couple can continue to enjoy some financial benefits living apart instead of divorcing. For example, if one spouse covers the other spouse under their employer’s health insurance, this arrangement could continue indefinitely if the couple is separated. If the couple divorced, the insured spouse would no longer be covered.

If you are going through any type of child custody action, you have likely heard the phrase, “the best interest of the child.” This is the legal doctrine that family court judges decide how child custody should be determined. The child’s happiness, well-being, and safety are the factors that help determine how much parenting time and decision-making each parent will have. The following is an overview of what the judge will look at when deciding on child custody.

Definition of Best Interests

Some of the most common factors the judge will examine when considering how custody will be divided include:

• Each parent’s role in the child’s life and each parent’s caretaking duties are and were when the couple was together

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Usually, when two people marry and then decide that it was a mistake, they simply file for divorce. However, in some situations, they opt instead for an annulment. There are many reasons that someone chooses to obtain an annulment, but it is important to realize the requirements are very strict. While divorce is easier to get, there are situations where an annulment may be the better choice for you, especially if there was some kind of fraud involved and you have substantial assets which could be at risk under Texas community property laws.

Requirements for an Annulment

There are only certain grounds that a person can use to file for an annulment under Texas law:

• One of the parties to the marriage was underage and did not obtain a parent’s consent

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It is no secret that sometimes divorces get ugly. The most common way that spouses try to hurt each other during divorce, aside from arguing over their children, is to try and get an upper hand in terms of asset distribution, sometimes by any means necessary. If you suspect your spouse of hiding assets, there are multiple methods your attorney can use to try and discover if assets are being hidden and where the assets have been moved to.

Methods for Your Attorney

In a divorce, your attorney is your first weapon if you suspect your spouse has committed some financial misdeed. There are multiple legal documents used during the divorce process, especially during discovery, on which a party is bound by law to tell the truth, and they must do so in very specific ways, providing very specific information. Both parties are bound to comply with any discovery request that the court deems ‘reasonable.’ Courts approve the majority of requests that are made.

If your attorney tailors their discovery requests appropriately, you can request significant amounts of information from your spouse. For example, written interrogatories are a common legal tool used during discovery where a party is asked to answer questions or confirm or deny a given statement.

Whether it is called alimony, spousal support, or maintenance, Texas law does recognize the concept of one spouse making periodic payments to the other spouse during and/or following their divorce proceedings. Although alimony may be available to you in your divorce case, there have been significant changes to alimony under Texas law in recent years, resulting in far fewer spouses being eligible to receive alimony. In fact, Texas has a reputation for being one of the hardest states to be awarded spousal support in. However, that does not mean you will not qualify. A skilled Austin complex divorce attorney can advise you what your legal options are.

Determining Whether You Qualify for Alimony

The easiest way to receive alimony is if you and your spouse can come to an agreement and that agreement is included in your final divorce decree that is approved by the court. The court will likely approve the agreement, even if the receiving spouse would not have normally qualified under Texas law.

This is also another reason why prenuptial agreements are a good idea because alimony can be discussed and agreed upon long before the couple’s marriage breaks down.

Although there are some married couples who make the decision to end their marriage and are able to go through the process in an amicable and cooperative manner, the reality is that there are a far greater number of couples who go through the divorce process in a more adversarial manner.

Unfortunately, if the couple has children, the contentiousness of the marriage and divorce continues long after the divorce decree is signed and it is not uncommon for issues to arise regarding parenting time, child support, and other issues regarding the children. It can even lead to one of the parents interfering with the other parent’s parenting time. That parent may decide to retaliate by withholding child support. But as an Austin complex child custody lawyer can explain, these types of actions can lead to serious consequences with the court.

A much better – and legal – way is to contact your attorney to help guide you through the legal process of having a judge address your ex’s noncompliance with the court’s custody and visitation order.

Getting divorced with children always complicates the divorce process. Parents will need to address child custody, child support, and other child-related issues in addition to the typical divorce issues like the division of property. Unfortunately, many parents struggle to discuss child custody concerns calmly and rationally. Tensions can run high when it comes to children and many parents disagree about what is best for their kids. If you are a parent going through a divorce, you may wonder how your relationship with your soon-to-be-ex will affect your ability to co-parent after the divorce.

One option that many parents find useful in high-conflict situations is parallel parenting. Parallel parenting is a type of co-parenting strategy that minimizes the interaction between divorced parents. Read on to learn more.

How Does Parallel Parenting Work?

In a typical co-parenting relationship, parents work together to raise their children even though they are divorced. Some co-parents even attend family vacations or events together. Unfortunately, contention between divorced parents can make this impossible.