Family Law Resources

Based on an article in the NY Times New Battle for Those on Coronavirus Front Lines: Child Custody By Megan Twohey

All across the county parents who are no longer together are worried about their children making the switch from one household to another for visitation. Normally, most families and children are used to this but in the current Covid 19 environment, parents are worried that their children might contract the virus by being exposed at the other parent’s house. In the case of front-line medical, police, EMS or firefighters, the worry is even more real. These are all real worries.

The Texas Supreme Court has made several rulings since the outbreak began – all of which say that Covid 19 restrictions should not allow custodial parents to refuse visitation to the non-custodial parents. Even with these rulings, parents are calling with the same question. Do I have to allow the child(ren) to go to the other parent’s house? I’m worried about whether the other parent will be as vigilant about washing of hands, distancing, etc. What if my ex has a new partner, and is he/she going to infect my child and possibly me?

The New York Times article talks about a case in New Jersey where a physician (mom) was not allowed to see her children when her ex got an order granting him sole temporary custody of the children. Susan Myres, President of the American Academy of Matrimonial Lawyers said, “We can’t make those people have to sacrifice more, but how do we do that custody safely?”

Every state has its own guidance, but a cookie cutter solution is not fitting the bill for every family. And courts in Texas are only accepting hearings in the case of emergencies. For family law, almost everything is an emergency. Every courtroom is making up their own rules for what cases they will see, what is an emergency, and how they conduct the hearing.

November is diabetes awareness month and it reminded us of several clients we have represented over the years whose children were Type 1 diabetics and the unique issues that were involved in those cases. In fact, when you have a child with any type of chronic illness or disability, family law matters may be more complicated than a traditional support or custody agreement.

Every six years the cap for child support is reviewed and adjusted for inflation by the Texas Office of the Attorney General. The last adjustment was made in 2013 and set the cap at $8,550.00 per month. This year’s adjustment reset the new net resources cap at $9,200.00. The cap refers to the net resources of the contributing parent.

When summer is just around the corner, many divorced parents are looking forward to summer plans with their children. However, summer visitation schedules can be confusing due to the unique regulations included in the Texas Family Code.

ustody in Texas is referred to as a conservatorship. Most parents are joint managing conservators. The conservators are endowed with rights and duties.

There are many urban myths in family law, and whether a child can choose which parent to live with is one of the most persistent matters in a divorce.

Recently divorced parents face the challenge of adjusting their schedules for their children. There’s doctor appointments, sports practices, school, and the time you get to bond with your child — parenting time that now needs to be divided up.

Divorce is difficult, but it can be especially trying when children are involved. In addition to the challenging task of explaining divorce to your children, you must also figure out a custody arrangement. In many circumstances, setting up a joint custody schedule may be appropriate for those getting a divorce in Austin.

The holiday season is a notoriously stressful time for many people, and for those with shared custody of their children, it can present some complex challenges.

However, with a little planning and a dash of preparation, there’s no reason why your child’s festive celebrations won’t be as enjoyable as anyone else’s.