Author Archives: Reid McInvale
Texas Custody Guidelines for Children Three Years and Younger
For many years Texas did not have definitive guidelines to determine custody for children three years old or younger. The courts ruled on cases based on their discretion and whatever they determined to be appropriate according to the existing statute. Determining custody (possession) for children three years and younger remained a murky area of law…. Read More »
How the Best Interest of the Child Relates to Adoption
We hear the phrase the best interest of the child throughout the divorce and child custody process. Certainly many U.S. states have incorporated the best interest of the child concept into their family law statutes. Likewise, many courts have ruled on cases using this concept as their benchmark. The Texas Family Code Section 153.002 states:… Read More »
Arbitration for Divorce and Custody Issues
If you are having trouble resolving custody issues, arbitration is another available resolution option. As with mediation, sometimes the courts order couples to arbitration to resolve their differences. How is arbitration different from mediation? Unlike mediation, where the mediator acts as a neutral third party and is not allowed to give opinions, the arbitrator’s job… Read More »
Resolving Custody Conflicts Through Mediation
You can wind up in mediation to work out your disagreements with your spouse about child custody. The court can order you to mediation or you can choose it as an alternative to litigation. In fact, you can resolve divorce and all of its issues through mediation, if appropriate. The mediator’s role The mediator cannot… Read More »
Alternative Dispute Resolution for Custody Disputes
Child custody is often a contested issue during divorce. When parents fight over who gets custody or terms of custody, courts can motion to use alternative dispute resolution procedures. A spouse can also enter a motion for alternative dispute resolution (ADR). Texas courts give special consideration to parent-child relationships and encourage amicable dispute resolutions. ADR… Read More »
Are You More Likely to Divorce During Tough Times?
Myths and opinions circulate from a variety of sources — news articles, surveys and interviews — about the effect of tough economic times on marriages. Financial stress is a known factor that adversely affects relationships. Couples fight over their incomes, their spouse’s spending habits, and a lack of the lifestyle they always wanted. Troubled finances… Read More »
Texas Rulings on Same-Sex Marriages
As same-sex marriage moves into the national spotlight during presidential campaigns, you may be curious to know how Texas courts view same-sex marriage. Under the Texas Family Code, same-sex marriages are not legal. However, the issue has come up for review before the Texas judiciary various times: In 2010, The Statesman reported that Texas Attorney… Read More »
The Difference between Divorce, Annulment and Void Marriages
While divorce, annulment and void marriages all end a marriage, there are legal differences between the three. Divorce Divorce is appropriate for couples who were legally married and want to dissolve the marriage. Valid marriages under Texas law meet all legal requirements from the outset. Once the divorce is final, the courts still recognize that… Read More »
When Is a Marriage Void in Texas?
Under various circumstances, Texas courts can consider marriages to be void based on Texas Family Code Subchapter C. Declaring a Marriage Void. Consanguinity Consanguinity is the kinship or family relationship that people share. Consanguinity that makes a marriage void includes marriage to: A brother or sister, whole or half blood or by adoption An ancestor… Read More »
How Does Annulment Work in Texas?
While divorce is the most common way of ending a marriage, annulment may be another option. Courts grant annulments under the following conditions: Underage. A party is between the ages of 16 and 18 and married without parental or guardian consent. Parents, managing conservators or guardians can request an annulment. Discretionary annulment for underage person…. Read More »
