Divorce is not an easy process. It can be more difficult to get a divorce with children in Texas. You are not only feeling complicated emotions about your relationship or worried about finances but also want to do the best for your kids.
We will be discussing some of the important things to remember when you are going through a Texas divorce with children.
What is the best way to file for divorce if I have children?
You should know these things if you search for “how to file a divorce in Texas with kids”.
No matter if you have children or not, the initial process of filing for divorce remains the same. The divorce petition must be filed by one spouse. The petitioner spouse is the respondent spouse. If the child is not from Texas, a potential problem can arise when a Texas divorce is finalized. Texas does not count as the child’s “home” state if the child has not been in Texas in the past six months, or if the child was born in Texas, but has been away for more than six consecutive months.
A Texas court won’t likely make custody or visitation decisions for the child. A custody determination may be required by the court where your child resides. This can become complicated and it is a good idea for you to speak to a family lawyer.
A divorce with children in Texas can be more costly. Additional forms may be required, which could result in additional filing fees.
Additionally, custody and child support issues are often highly litigated. The cost of a divorce can be significantly increased by litigious issues. Talk to a divorce lawyer for help with this process.
Who will take custody of the children?
A lot of divorce proceedings allow the parents to choose any custody arrangement they want. You and your spouse can agree on custody. This allows you to choose where and when your child will visit the noncustodial parent.
Parents often disagree on the details of their custody arrangements. Both sides can try to reach an agreement via processes like mediation.
An attorney can help you reach an agreement with your spouse regarding custody. A child custody lawyer who is well-versed in Texas family law can help you get the best outcome for your child.
Sometimes parties to a Texas divorce with children cannot agree on child custody. These cases will result in the court deciding how custody will be divided.
Texas courts will try to grant joint custody whenever possible. Joint custody is when the child spends time with both parents. These arrangements are preferred by courts, but if one parent is neglectful or abusive, the court may award sole custody.
What about Child Support?
Another issue that is often contested in Texas divorces with children is child support. Child Support is determined using Texas child custody guidelines.
Parties may agree to child support amounts that are higher than the guidelines. Parties may also agree to child support that is less than the guidelines.
Child support is determined by the net resources of the parent who is not the custodial parent and the number of children. The amount of child support can be set but disputes may arise about the parent’s net income.
If parents disagree on the amount, the court might need to make findings and determine child support. The court may consider some assets income, and impute income to those who are unemployed or underemployed.
How to Protect Children During Divorce
There are many ways that children can be protected from being adversely affected by divorce proceedings. Divorce can have a concrete impact on a child, as one parent may no longer live in the home.
If both parents are willing to put their children’s emotional well-being first, many of the problems, trauma, and guilt children feel after divorce can be avoided or minimized.
Unfortunately, although most Texas parents want to protect their children during divorce, the emotionality of a divorce often spills into the parent’s relationship with the children in negative and unhealthy ways.
There are ways that children can be helped to transition smoothly from divorce to minimize the negative effects. It is possible to reduce stress and trauma by not being hostile toward your spouse in Houston divorce proceedings.
Once the divorce petition has been filed, property division becomes a bit like the winding up of a company – there are assets that need to be divided and liabilities that must be shared between the parties.
Concerning child custody, you will need to create a parenting plan, establish a visitation schedule, and implement child support.
You can either have an aggressive, vicious, take no prisoners attitude, or you can do these things in a rational, methodical manner. It is important to know which method protects children during divorce and allows them to transition to a new life more easily and quickly.
Texas Divorce Mediation with Children
It is possible to achieve such a positive outcome by meditating early in a case. Mediation is a conference that helps parties reach a settlement. It involves a neutral third party helping them to resolve their case.
Mediation is a great way to resolve cases faster and more cost-effectively than the lengthy Texas divorce process.
All relevant information must be shared beforehand in order for mediation to succeed. This includes marital property details and marital debts. To determine child support and alimony, the parties should exchange information about income taxes and compensation.
When a divorce case is brought to mediation or court by the parties, they should accept the fact that one spouse may want to divorce the other. Their focus should be on protecting the children.
Parents are best served if they acknowledge this fact and try to put aside their feelings about their spouse during divorce discussions with their children. They can also realize that both parents will continue co-parenting their children for many more years.
Are Divorces Bad for Children?
A recent Scientific American article showed that while divorce can be difficult for children at first, most children adjust to it well over time.
Research has shown that only a small number of children suffer serious consequences from divorce, or later as adults. Although divorce can have a devastating effect on children, research shows that most children recover quickly.
The findings show that only a tiny percentage of young people have experienced divorce-related problems.
Children Recover Quickly
The studies showed that children from divorced families had very similar academic achievements, behavior, and emotional problems. This suggests that children who have been through a divorce are able to cope with it well.
Research has consistently shown that children who have experienced high levels of parental conflict before and after divorce are more likely to be able to adjust well.
Children of divorce tend to do well. However, there are a few things that can help them. Parents can help children cope with divorce conflict and minimize their exposure.
Children who are under the care of at least one functioning parent perform better than children whose primary parent is not doing well.
Further, the article found that divorce can be very difficult and painful for children. However, it is not always a fatality. The majority of children can bounce back from this difficult situation and leave behind few if any, scarring.
Do I need a lawyer?
If there are contested issues regarding child custody or support, you should consult an attorney immediately. This is especially true for co-parents who have hired an attorney.
Family law can be complicated and not all cases are the same. It is easy to get frustrated with the outcome of your divorce proceedings if you don’t have a deep understanding of the law. A good attorney will help you to find the best arrangement for your child.
Contact Us Today
Bolton Law has experienced divorce lawyers who are available to answer any questions you may have about divorcing a Texas couple with children. We have many years of experience in handling different types of family legal issues. You can be sure that your case will be handled in a competent and compassionate manner if you contact our office.