Houston Divorce And Family Law Blog

Child custody is often one of the most contentious and difficult issues for Texas parents to work through in a divorce. It is not easy to decide what will happen to your children and make decisions that will affect the future of your relationship with them for years to come. You know your kids deserve to be happy and have stability, and for many Texas parents, this is why they choose to resolve custody issues out of court.

There are many benefits to creating a parenting plan out of court. One of the main reasons is that it allows you more control over the final terms of the order. It can also reduce stress and allow you to account for things that may be unique to your family. When working on your custody order, it is beneficial to keep your focus on what is truly important, which is the best interests of the children, and not temporary emotions.

When a dispute over the custody of a child surfaces, the situation can have a far-reaching impact on the lives of both parents. For example, a parent may have to take time off of work in order to prepare for court and attend a hearing. Or, someone may struggle with the other parent of their child falsely accusing them of wrongdoing. In the digital age, many people have also had to struggle with false rumors and the spread of certain types of information over the internet. In this post, however, we will look at the emotional impact of a custody dispute.

When custody issues arise, a parent may be flooded with negative emotions. For example, they may become very angry, or they could struggle with depression. Anger may carry over into parents' lives in different ways, affecting their other relationships and their ability to perform well at work. In fact, anger and other negative emotions can even impact a parent's ability to secure a more favorable outcome in their custody case.

When it comes to dividing marital property during a divorce, there are either community property or equitable property states. As a community property state, Texas courts divide marital property in a specific way. When you are preparing for your divorce, it can help to understand how community property law operates.

FindLaw explains that community property states divide marital property equally, regardless of the earning potential and assets of each spouse. Everything you and your spouse acquired during your marriage will be considered marital property, with a few exceptions. For example, the following situations would apply:

• Property you gained before you were married and which you retain sole ownership of, such as your car and assets from your own small business which your spouse was not involved in, remain yours and are not considered marital property.
• Property you and your spouse purchased together, such as a home and vehicles, are considered marital property.
• Gifts, inheritances and family heirlooms that you received while you were married are considered your own property and will not be divided with your spouse.
• Joint debt is also considered marital property to be divided.

As difficult as child custody issues in Texas can be to resolve, matters become even more complicated when one parent moves out of state, whether by choice or by necessity. If you are a parent dealing with interstate custody issues, whether you are the parent moving or the parent left behind, you should know that moving your children to another state does not nullify the existing child custody agreement. According to FindLaw, the federal Full Faith and Credit Law requires states to abide by and enforce valid custody orders made elsewhere and prevents them from modifying orders made in another jurisdiction. 

In an interstate custody dispute, determining which state has jurisdiction is vitally important. The law considers the state where the child has lived with one or both parents for at least six months to be the home state. All custody and visitation determinations made in the home state are subject to the Full Faith and Credit Law, including initial orders, temporary orders, permanent orders and modifications.