Children

Texas courts assume that most cases involving children will have joint managing conservatorship. In a JMC, both of the parties will have an equal say in raising the kids (more or less.)

However, in most of these cases, one of the parents will determine where the child will live for purposes of school. The other parent typically has a visitation schedule and pays child supportFunds which are ordered by the court to be paid by one parent to the custodial parent of minor children after a separation or divorce. .

You can learn more about the issues related to children and divorce by watching our Child Conservatorship video and the videos that follow it.

This video discusses the 3 areas that you'll need to address when it comes to children and divorce. We'll also cover how Texas courts view children in divorces.

Go to the Next Video in the Divorce Seminar Series

Go to the next video discussing child conservatorship or parental rights and duties. read more »

In order to be granted a modification of custody, you must be able to prove to the court that there has been a substantial change in circumstances which will significantly affect the child's stability. Things that qualify as substantial changes in circumstance include geographical moves that would impact a child's stability and changes in lifestyle (such as substance abuse or neglect). Either the custodial or the non custodial parentThe parent that retains physical custody of the child. can file for modification of custody if they can prove it is in the best interest of the childThis is the legal standard that the Texas court system uses to make decisions related to children. When a Texas judge is faced with a decision about a child, they are going to ask himself or herself, "Is this in the best interest of the child?" before he or she makes a decision.. read more »

Your children are likely going to experience sadness, fear and frustration because of your divorce.  As much as you love them, you can't fix that.  But there are things you can do to help them deal with those emotions and even minimize them to some extent.

Consider this post as a starter guide.  I'm a divorce lawyer, not a child psychologist, so if you need more advice, I recommend that you speak to a professional counselor. For now, I want to suggest some basic do's and don'ts. read more »

It's entirely up to the judge trying the case.  If he or she does order parenting classes, there are several different kinds of available programs.  Some are geared toward the children, others geared more toward the parents, and they can range in price from $30 to $75 lasting anywhere from 4 to 15 hours.

No. A divorce can't be finalized while the wife is pregnant.
However, the divorce process can be started while the wife is
pregnant. It just can't be completed until the wife is no
longer pregnant.