Stay at home moms rights through texas divorce
Mom and Dad will likely both need to testify in front of the judge, too. Usually a judge does not want to disrupt the status quo, so whoever the kids stayed with after the separation is who will keep the children, unless there is good reason to disrupt them and move them with the other parent. The primary parent is awarded the exclusive right to designate the primary residence of the child. There are a number of factors the Court considers when deciding who should be given the temporary exclusive right to establish the primary residence of the child at a Temporary Orders hearing.
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Assuming both parents are fit the Court is going to look at which parent has been the primary caretaker of the children. Some things a court will consider when making this determination include:. If you have questions regarding divorce , it's important to speak with ar Spring , TX Divorce Lawyer right away to protect your rights. A d ivorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Putting Our Clients First Every Time We believe in helping our clients transition through family law cases, as smoothly as possible.
December 10, When going through a divorce when children are involved, the biggest questions are almost always about the kids. So who gets to keep them while the divorce is pending? Temporary Orders usually make custody orders regarding: Conservatorship Rights and duties to the child Possession and access for each parent with the child, and Child support that will remain in place during the pendency of the lawsuit.
Q: Do I have to move out of the home if he says to? Can he kick me out of the house after I have filed for divorce? A: Your husband cannot kick you out of the house just because he wants to. For him to legally kick you out or for you to legally kick him out , there would have to be an order from the Court. This almost always requires a hearing where both people can tell their side of the story.
There are certain situations where the person filing for divorce can get the other spouse kicked out at the time they file. For example, if your husband has physically assaulted you, you may go to court and file for divorce and at the same time ask the court to kick him out of the house because he is a danger to you. But this is reserved for situations where one spouse is a danger to either the other spouse or the children. Q: Will I receive preference from the Court over the father of my children when it comes to establishing the primary residence of the children on the basis that I am the mother of the children?
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A: No, not on the basis that you are the mother — that would be gender discrimination and it is expressly forbidden. Stereotypically and historically, this has been the mother. The parent who does the actual care-taking is the one who will get primary custody. Q: Can I move out of my county or Texas with the children? A: Not while your divorce is going on. This may be one county Dallas County , a group of counties Dallas County and contiguous counties , or the state of Texas. If your orders say this, you may not move with the children even after the divorce is final.
YOU can move, but the children must stay. If you have good cause to move with the children, you can through the legal processes ask the court to lift this restriction. Q: What about adultery? Do I get more since he was the one that cheated? A: Fault in the breakup of the marriage is one factor that the judge can look at when dividing up the marital property. Unfortunately, in our modern society adultery is shrugged at. Even then, however, this has more impact on a child custody determination, than a property division.
Q: Is there legal separation? However, married couples living separately can enter into marital property agreements that have basically the same end effect of dividing up property that a divorce would. This kind of lawsuit is used to make a legal determination of which parent gets which rights and duties with regard to their children.
It also will establish visitation schedules and child support. Q: I want sole custody, is that possible?
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Visit our client journeys page today for more inspiration. We have built a reputation of strength, trust and integrity. Much of our success comes as a result of referrals from other professionals, such as financial planners, CPAs, therapists, and even other family law attorneys. These professionals have trusted us for years with their referrals — not just family and friends, but also their own divorces and family law matters. She is one of only a select few attorneys to whom I feel comfortable referring clients.
Most of our clients are either referred to us by a friend or colleague because they trust us. Others find us online through diligent research, deciding to work with us as they discover our glowing testimonials and reviews and our extensive online resources. For stay-at-home moms in particular, there can be a lot of uncertainty surrounding divorce. Child custody is a major concern for many, as well as what may become of their finances or their living situation once the divorce goes through.
Once you decide to initiate a divorce, your next steps will depend on who you choose to work with.
Divorce Just Got More Complicated
Some people want to jump right into strategic planning and skip the consultation altogether, so you can also choose to set up an initial strategy session as your first step. Learn more about our case evaluation process here on our site, or contact us today for more information! The next step, after a case evaluation, is an initial consultation. If the basic criteria of your case is a match for our services, then we will invite you to come in and meet our team.
You will meet with a divorce attorney or paralegal to discuss your legal strategy and build out your divorce roadmap. During business hours, we do our best to respond promptly. If you contact us after hours, we will reach you the next day. Our mission is to guide and empower you through your divorce so that you can live a happier, more fulfilled life.
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Many wonder… Will the divorce leave me financially devastated? Will my children continue to have a lifestyle where they can thrive and grow?
Will I have to go back to work? Will I lose time with my children? Am I entitled to alimony? Am I entitled to anything?