Information about Divorce and Family Law by an Attorney

Many people don't know that the vast majority of family law cases end up settling out of court. Most of the time out of court settlements are for good reason and can greatly simplify a family law case for all involved and eliminate some of the strain that is placed on the Texas family courts.  Not only is it very expensive to take a case all the way to trial, but you know your situation better than a judge does and you are in a better position to decide what is going to work best for you and your family.  

Sometimes I hear a question about how a minor can become emancipated from their parents.  Generally speaking, a court in Texas may allow a minor to become emancipated in certain circumstances if the child is over the age of 16.  Emancipation of a minor can have a vast effect on what a minor can and cannot do and the rights of parents.

​Sometimes I get a call from someone who has an issue with the amount of child support they are paying or the amount that they may have to pay in the future, or someone who needs to get paid child support to help alleviate the cost of child rearing.  In Texas there is something known as guideline child support and it is presumed by the Texas legislature to be in the child's or children's best interest.  A court can vary from these guidelines in certain circumstances.

​To begin, good first question would be where to find the laws on child custody in Texas.  The answer is that many Texas child custody laws are codified under Title 5 of the Texas Family Code.  The rules are very complex and this article is just a brief introductory guide.  To get specific details about your case please call my office to schedule an appointment.  That being said, let's dive into a general description of child custody in Texas.

You may or may not be surprised to learn that most Texas divorce cases settle outside of court.  You may not understand why you should attend mediation and you may just be ready to have your day in court.  Attending mediation doesn't mean that you are giving up on your day in court, and in many instances a Texas court of law will require the parties to attend mediation before any contested hearing, especially if child custody is involved or their are complex property issues to be litigated.  Although mediation doesn't always work, it can present some valuable opportunities that may be impossible to get standing in front of a judge.  ​