Best Family Lawyers in Texas

About Family Law in Texas, United States

Family law in Texas governs the legal relationships and responsibilities between spouses, parents, children, and other family members. It covers a wide range of matters such as marriage, divorce, child custody, child support, adoption, and property division. The Texas Family Code is the main body of statutes that regulates family law matters in the state. Family law is primarily handled in family courts, and issues can have long-lasting effects on both adults and children involved.

Why You May Need a Lawyer

Family law situations can be highly emotional and legally complex. Some of the most common situations where you may need a lawyer include:

• Filing for divorce or responding to a divorce petition
• Determining child custody, visitation, and support arrangements
• Dividing marital property and debts
• Seeking or contesting spousal maintenance (alimony)
• Dealing with allegations of family violence or seeking protective orders
• Establishing or challenging paternity
• Adopting a child or terminating parental rights
• Modifying existing court orders related to custody, support, or visitation

An experienced family law attorney can protect your interests, help you understand your rights, and guide you through the court process.

Local Laws Overview

Several key aspects of Texas family law are especially relevant:

• Property Division: Texas is a community property state, meaning most property acquired during marriage is considered jointly owned and is divided equitably, though not always equally, upon divorce.
• Child Custody: Texas uses the terms "conservatorship" for custody and "possession and access" for visitation. The best interests of the child are the primary consideration.
• Child Support: Texas has guidelines for calculating support, based on the noncustodial parent's income and the number of children.
• Spousal Maintenance: Alimony is not guaranteed and is only awarded in specific circumstances, such as when one spouse cannot meet basic needs after divorce.
• Protective Orders: Victims of family violence can seek protective orders for their safety and the safety of their children.
• Adoption: Adoption procedures are strictly regulated, and consent from biological parents (when applicable) is usually required.
• Paternity: Establishing legal paternity allows for child support, rights, and obligations to be determined by the court.

Frequently Asked Questions

What is the difference between community and separate property in Texas?

Community property includes most assets and debts acquired during marriage, which are subject to division upon divorce. Separate property includes assets owned before marriage, gifts, or inheritances, which usually remain with the original owner after divorce.

How is child custody (conservatorship) determined in Texas?

Courts make custody decisions based on the best interests of the child, considering factors such as the child's physical and emotional needs, parental abilities, and stability of the home.

Can child support orders be changed?

Yes, either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income or the needs of the child.

Is Texas a no-fault divorce state?

Yes, Texas allows "no-fault" divorces where you do not need to prove wrongdoing by your spouse. The most common ground is insupportability due to conflict or discord.

What are the residency requirements for filing divorce in Texas?

At least one spouse must have lived in Texas for at least six months and in the county where the divorce is filed for at least 90 days.

What is a protective order and how can I get one?

A protective order is a court order designed to protect individuals from family violence. You can request one through the family court if you have experienced abuse or feel threatened by a family member.

Can grandparents get custody or visitation rights?

In some situations, Texas law allows grandparents to seek custody or visitation, but they must prove that such rights are in the best interest of the child and meet certain legal requirements.

What happens if a parent does not pay court-ordered child support?

The Office of the Attorney General can enforce child support orders through measures such as wage garnishment, tax refund interception, or even contempt of court proceedings against the non-paying parent.

Is mediation required in Texas family law cases?

Court may require mediation in certain family law cases, especially those involving children, to encourage settlement and reduce conflict before trial.

How do I start the adoption process in Texas?

The adoption process starts with filing a petition in court, completing background checks, a home study, and often, obtaining consent from the biological parents unless their rights have been terminated.

Additional Resources

Help and information related to family law can be obtained from the following entities:

• Texas Office of the Attorney General - Child Support Division
• Texas Department of Family and Protective Services
• State Bar of Texas - Family Law Section
• Legal Aid of Northwest Texas, Lone Star Legal Aid, and other legal aid organizations
• Local county courthouse Family Law division or self-help centers
• Texas Law Help - a resource for free legal information
• Domestic violence shelters and support organizations for protective orders

Next Steps

If you are facing a family law issue in Texas, consider the following steps:

• Gather all relevant documents such as marriage certificates, birth certificates, financial records, and court orders
• Consider your goals and what outcomes you hope to achieve
• Consult a qualified Texas family law attorney to discuss your options and strategy
• If finances are a concern, contact your local legal aid office to check for eligibility for free or reduced-cost legal help
• Take care of your emotional well-being and, if children are involved, prioritize their interests and needs
• Stay organized, keep records of all communications and documents related to your case, and follow instructions from your attorney or the court

Every family law case is different, and getting early legal advice can protect your interests and help you make informed decisions.