Getting divorced can be painful, but it’s sometimes necessary for the emotional well-being of all involved. Child custody arrangements are a particularly difficult aspect of divorce that millions of couples struggle with. If you’re in the midst of a divorce involving children, then you should have a skilled family law attorney in The Woodlands represent you in your divorce case. It also helps to understand the basics of family law in Texas and the factors involved with child custody.

Relationships
The relationship that the child has with each parent is an important factor to consider when determining child custody. Mothers most often get primary custody in divorce cases, but not always. Courts look at which parent has historically been the child’s primary caregiver. The child’s personal friendships may also factor into a custody decision—especially if custody with one parent means taking a child away from those friendships.

Logistics
Many divorced parents share joint custody of their children. However, this may not be feasible if one parent lives in a different town or has a complicated work schedule. If it’s not possible for a divorced couple to share custody 50/50, then one parent may be given sole, or primary, custody.

Visitation
Texas courts want both parents to be involved in their children’s lives, if possible. If one parent has primary physical custody, the other parent should be granted reasonable visitation rights which fit within everyone’s schedule. Divorced parents may also negotiate independently for joint legal custody, wherein both parents are involved in making decisions regarding the child’s education, religion, healthcare, and other matters.

When a party is required to give testimony in divorce court it is usually because there’s an argument over one of two questions. The first is child custody, and the second concerns property division.

If you listen to your lawyer, you often will hear the same piece of advice given about any type of courtroom testimony. It usually goes as follows: “Answer the question given to you, and only the question, do not elaborate.” An analogy: Only a little water will clean you up nicely–too much of it and you are likely to drown. Lawyers do understand that there’s a huge temptation to give the full story in response to a single question, but the more you speak the more ammunition you may give your opponent. To summarize, why assist the opposing lawyer in looking good? Keep it short!

Second, if you have made a huge mistake in life, do not volunteer it, but simply fess-up when asked. Trust me, if you’ve screwed up royally, the opposing lawyer has a witness who will remind the Court, and everyone else, what you did. It is always easier if you are the one to do it first, not in a dramatic way, but merely as an acknowledgement of human frailty. In short, if you are seeking custody and have had a drug problem, it will hurt you, and perhaps it should. But lying about it only to have a cop get on the stand afterwards, and talk about your long rap sheet will do much worse for you than simply admitting the problem yourself.

Third, never ever say on the witness stand: “You can’t prove it!” Or perhaps, “It’s my word against his/her’s.” The translation of these words to the Judge is: “Heck yes I did it Judge! But I’m not going to tell you that here!” The result of such testimony is the same as an admission of guilt, only worse.

Finally, always adhere to this advice: If you don’t know the answer to a question, then say that you don’t know–don’t speculate or guess! This advice applies even to things that you should know! Speculation gives the opposing party a chance to show the Judge that your testimony is unreliable. For example, you are arguing over custody of your third grade daughter and the opposing lawyers asks, “who’s your child’s homeroom teacher?” If you don’t know then say it; don’t blurt out “Smith!” Yes, not knowing hurts but judges understand that lawyers’ cross-examination questions are intended to hurt. In this scenario, your own lawyer might well come back and say “Well he doesn’t know the homeroom teacher, but he knows the names of the gym teacher, principals, ARD advisors, and every physician she’s ever been to!” That’s an ideal recovery to a missed question. So the underlying lesson to be learned here is: be prepared! Proper Prior Preparation Permits Peak Performance!

Child custody can be a particularly sensitive topic for a divorcing couple. Because emotions can easily enter into such situations, a parent going through a divorce and custody proceedings may want to contact a law firm near The Woodlands for its experience expertise. A family lawyer can advocate on behalf of a parent to ensure a custody decision that takes into consideration the welfare of the child.

Mediation
In general, individuals divorcing in the state of Texas may be required to participate in child custody mediation. Courts urge couples to decide for themselves the custody arrangements for their children without the need for litigation. A family law attorney can help parents discuss their custody desires amicably and prepare the necessary paperwork to see through these arrangements. A family law expert can also inform couples of their custody options and what regulations come with each custodial choice. Should a couple not come to mutually agreeable terms about child custody, court determination may be the next step in the custody process.

Court Determination
If the court becomes responsible for deciding child custody issues, a judge may consider any number of factors before making a determination. Because the child’s welfare is the primary concern, a judge may look over the financial circumstances of each parent to ensure that the child’s basic needs can be looked after in a given home. He might also evaluate the well-being of each parent to see if one adult or the other is physically or emotionally better equipped to have child custody. The wishes of the child may also play a role in a court determination of child custody. Older children may be asked if they have a preference of parent with whom they would like to reside. Other considerations such as the locale of each parent can also help in determining who should receive custody. A family law attorney can help a parent provide the necessary information to allow him or her to best demonstrate parental strengths so that an outcome can be reached which reflects his or her custodial wishes. Once a decision is made by the judge, all parties are legally obligated to abide by it.

Every state has its own laws and regulations governing the divorce process, so someone petitioning for divorce should discuss his or her case with a local divorce lawyer. In Texas, a couple can only petition for divorce if at least one of the spouses has been a resident of the state for a continuous six-month time period. A family law attorney in the Woodlands will also advise the couple that one of the spouses must have been a resident of the county it wishes to file for at least 90 days.

What is the divorce procedure?
Usually, a Texas divorce case begins with one spouse filing an Original Petition for Divorce with the court and then personally serving the papers upon the other spouse. However, the other spouse may also sign a waiver to give up the right to be personally served with the papers. Thereafter, they begin the discovery process. Spouses may also discuss the settlement of their case directly or with the help of an attorney. If the parties cannot agree on all the issues of their divorce case, then the court will likely set a trial date.

How long does it take to finalize?
In Texas, it takes a minimum 60 days after the petition is filed for the divorce to become final. As a part of this process, the judge will pronounce the divorce final in open court and sign the divorce decree. If the spouses do not agree, it will likely take around six months to a year to finalize, depending on the complexities of the case.

How is property divided?
A Texas family law firm understands that courts initially presume that all property earned or acquired by either spouse during the marriage becomes community property. Separate property consists of property, brought into the marriage, and may also refer to any property acquired by just one spouse as a gift or through inheritance. Even though courts usually split property equally, factors such as unequal earning power and fault in the marital relationship can influence how a court divides the property.

A number of states provide for fault-based divorce grounds. This means that a spouse and his or her divorce lawyer in The Woodlands can claim the other spouse was at fault for the end of the marriage. Common grounds for fault divorce claims include adultery, cruelty, and abandonment.

In this video, a family law attorney explains the difference between filing a fault and no fault divorce petition. As he explains, someone only needs to allege the irretrievable breakdown of marriage or irreconcilable differences in a no-fault divorce claim. No-fault divorce empowers a couple to end their marriage if they desire without citing a legal reason. No-fault divorce represents a modern trend in family law. Even if the petitioned spouse doesn’t wish to divorce, he or she cannot object to the divorce proceedings. In traditional fault divorce cases, the petitioned spouse could object to the grounds for divorce.