Family Law - Houston Divorce Lawyer

What is Joint Conservatorship in Texas?

Texas Custodial Parents

The common meaning of the term “conservator” is an individual appointed by a court to oversee the preservation of the property of an incapacitated person. But in Texas, a custodial parent is referred to as a conservator while custody arrangements for divorced or separated parents are called conservatorships. Instead of visitation rights, Texas non-custodial parents maintain the rights for child access and possession.

Texas Child Custody Agreements

Texas conservatorship rules are similar to other states’ child custody agreements, decisions and orders. But the terminology used is different from those of other states because traditional terminology was abandoned after the Texas Family Code was codified. Parents are allowed by the court to design a custody plan but a court has to approve it. The parents can go to trial if they cannot resolve their conservatorship disputes.

Remember the court requires a written agreement that reflects the best interests of the child. The two types of conservatorship in Texas are the joint managing conservatorship and sole managing conservatorship.

Attorney Daryl Longworth

Attorney Daryl Longworth is a family law attorney licensed by the State Bar of Texas. He is the senior attorney at The Longworth Law Firm in Houston, Texas. Mr. Longworth is a graduate of the University of Houston Law Center. Prior to becoming a licensed attorney focusing on divorce law and family law in Texas, Mr. Longworth was a police officer for the Houston Police Department.

Bigamy and Texas Law

Any mention of bigamy at a gathering can easily spark a heated debate anywhere in Texas. The Texas family code makes it clear that an individual can only have one spouse. You cannot marry another person when you are still married to someone. But some people still choose to migrate around Texas and enter into common law marriages although they are formally married elsewhere.

Sometimes someone may unintentionally marry someone else believing that their previous marriage ended but find out later that it still exists. An experienced divorce Texas lawyer can help such a person start a comprehensive divorce process to end their previous marriage.

Attorney Daryl Longworth

Texas Alimony | Am I Eligible For Spousal Support In Texas?

Report: Alimony in Texas – Divorce is one of the most emotional proceedings in Texas courts. What can make divorce an even more emotional happening is the possibility of supporting an ex-spouse, oftentimes in addition to the division of community property and the payment of child support. This can be overwhelming for the spouse that is ordered to pay spousal support or maintenance. However, this may be a just and right solution to the ex-spouse who is unable to earn enough income due to barriers created during the marriage. Spousal support, a/k/a Alimony…or what the Texas statute refers to as spousal maintenance, is a fortunate solution for ex-spouses. What is spousal support and who is eligible? Let’s discuss.

Attorney Daryl Longworth

Guardian Ad Litem vs. Attorney Ad Litem

Protecting the interests of a ward, or proposed ward is a Texas court’s primary interest. In order to protect those interests, the court may appoint individuals with distinct duties to represent a ward or proposed ward. Two of those individuals are called a guardian ad litem and an attorney ad litem. What are their roles and who do they differ? Let’s see.

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What Does “Best Interest Of The Child” Mean?

Many times in legal proceedings that include children, the term “best interest of the child” arises. This term is most prominent in suits affecting the parent-child relationship. What is considered the best interest of the child and when is it important? Let’s discuss.

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Retroactive Child Support – Back Child Support in Texas

Oftentimes, many parents believe that unless a court order is given, child support payments do not need to be paid. These parents are mistaken and will be unpleasantly surprised with retroactive child support. This article will discuss what retroactive child support means and how is it determined.

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Temporary Restraining Orders in Texas, Harris County

Circumstances arise in which parties are in need of immediate protection from certain individuals. Fortunately, the Texas Family Code provides an immediate response to potential danger and provides protection to a party, a child, or property. This protection comes in the form of a Temporary Restraining Order (TRO). What is a TRO and what does it do? Let’s discuss.

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Grounds For Annulment

The terms annulment and divorce are oftentimes confused. Although, at first glance, these terms might seem similar, they are actually very distinct. In short, a divorce occurs to end a once valid marriage; an annulment occurs to end a marriage that was never valid. In order to determine whether or not a marriage is valid, it is important to review the grounds for annulment.

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Annulment Marriage vs. Void Marriage

The dissolution of marriages is a common happening in Texas Courts. Dissolution could occur through proceedings such as divorce or annulment. A marriage may also be considered completely void. What is the difference between a marriage dissolved by annulment and a marriage that is voided? Let’s see.

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Service Of Process For Divorce In Texas

There are six main steps in the divorce process in Texas: filing a petition for divorce; formally notifying the non-filing spouse of the divorce; agreeing to temporary orders; learning about assets and debts through discovery; negotiating a final settlement; and finalizing the divorce. This article will focus on the second step – formally notifying the non-filing spouse of the divorce. The process in which divorce documents are to be served are outlined in the Texas Family Code and the Texas Rules for Civil Procedure.

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Texas Homestead Law

Homestead protection laws in Texas are designed to help people in the event of a foreclosure, death of a loved one, or any change in economic circumstances that an individual may face. What is a homestead and who is entitled to a homestead protection? Let’s see.

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Reporting Child Abuse

Sometimes, it is difficult to draw a line between child abuse and disciplining a child. Other times, it is not as difficult. Luckily, Texas outlines what it considers child abuse and the proper guidelines to report it.

What does Texas Consider Child Abuse?

The Texas Family Code is far from vague on what it defines as child abuse. Chapter 261 of the Family Code lists abuse as:

mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning;
causing or permitting the mental or emotional injury;
actual physical injury that results in substantial harm to the child;
failure to make reasonable effort to prevent action from another person that causes injury to the child;
sexual conduct that harms the child’s mental, emotional, or physical welfare;
failure to make reasonable effort to prevent the sexual conduct;
compelling or encouraging a child to engage in sexual conduct;
encouraging, permitting, causing, or engaging in photographing, filming, or depicting of a child in obscene or pornographic content;
harming the child through the use of a controlled substance;
encouraging a child to use a controlled substance;
causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child;
allowing the sexual trafficking of a child; or
neglecting a child.

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