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Getting a divorce when you have shared children with your spouse increases the complexity of the case. Children from another relationship might not affect the divorce much, but child support and child custody issues for shared children usually add steps to your divorce case that need to be resolved. These can often be resolved at the time of separation, but they might need to be addressed again when the divorce is finalized.
Talk to a Dallas lawyer for divorce with children to get help on your divorce case. The Queenan Law Firm, P.C. represents spouses in divorce cases in Dallas and the surrounding areas. Our attorneys are experienced with child custody and support cases, and we can use that experience to help in your divorce case. For a legal consultation, call our attorneys today at (817) 476-1797.
Getting a Divorce with Shared Children in Dallas, TX
If you share children with your spouse, there will always be additional steps to a divorce case. Most divorce cases deal with issues of how to divide shared property and whether spousal support is appropriate. However, cases where the couple has children usually mean that questions of child custody and child support will need to be resolved as part of the divorce case.
In most cases, child custody and support issues can be resolved as soon as the parents move apart. This means that if you decide to live separately before your divorce is finalized, you should probably talk to a lawyer about child custody and support issues at that time. Things can be adjusted or revised later as part of the divorce case, but these issues can often be handled sooner.
Getting a Divorce with Children from Another Relationship in Dallas
If you only have children from another relationship, there might be no need to address any child custody or support issues. In cases where widows or widowers have children that have not been adopted by their spouse, they likely have sole custody. This means that when you get divorced, your spouse would have no claim over your children. The same is true if you have children from outside with another person, such as another ex. Since that person is the other parent, your spouse will not usually have a child custody claim, even if they lived with the children and acted like a parent during the length of your marriage.
Child Custody Issues in Dallas Divorce Cases
If you are going to move out of the same house as the parent of your children during the divorce process, you should be able to file to have a court decide child custody issues. You can also use your attorney to negotiate child custody decisions with your spouse’s attorney so that these issues can be resolved how you want them to be rather than leaving the decision to the court. If these orders need to change by the time the divorce is finalized, you can usually apply to have them modified or submit a new agreement to the court.
In child custody cases, the court will often issue an order dictating who has custody and visitation rights and how those rights are divided. In Texas, instead of the terms “joint custody” and “sole custody,” courts grant “joint managing conservatorships” and “sole managing conservatorships.” A conservatorship is the legal side of custody – the right to make decisions in your child’s life regarding religion, medical care, education, and other important aspects. If courts grant a sole conservatorship, only that parent gets to make those decisions. Courts usually grant joint conservatorships unless there is some reason one parent is unfit.
Physical custody – called “possession and access” – is a separate issue. If you are given possession and access, you can share parenting time with your ex. This allows you to have the child live with you in whatever arrangement your decision or court order allows. Sometimes this means trading weekends or trading off the kids on various days of the week. If you are not granted possession rights, you might get visitation instead. This is a lower level of access and is usually restricted to shorter periods, such as certain weekends and holidays.
Child Support Issues in Dallas Divorce Cases
Regardless of how the court decides child custody, both parents are still usually responsible for paying to support their children. When one parent has the kids living with them in their house, they pay directly for the children’s support. The other parent is usually required to cover their fair share of the support by making child support payments.
Texas has a process for deciding child support amounts that looks at how many children the parent supports, how much parenting time they get, how much income they have, and other factors. Essentially, this split should be fair, which means that a parent with more income and ability to pay often ends up shouldering more of the support burden than a stay-at-home parent or a parent who cannot work.
Again, support issues can usually be decided by a court order, or you can submit an agreement to the court to tailor child support to your specific needs.
Call Our Dallas Lawyers for Divorce Cases Involving Children
If you are getting divorced and have children that you need to arrange child custody and child support for, call The Queenan Law Firm today. Our Dallas lawyer for divorce with children can help you fight to keep custody and get the child support arrangements you need to help support your children and maintain your parental rights. Divorce can be difficult, and additional issues of child support and custody can complicate cases. Call our attorneys for help with these complex issues. Contact us at (817) 476-1797 to set up a legal consultation.