Urban Myths

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Can my child choose which parent they would like to live with when they are 12 years old?

Children that are 12 years old may voice a preference, but the decision is made by what is in the best interest of the child. In order for a child that is 12 years old or older to speak with a judge, the parent must file a lawsuit requesting the judge to speak to the child. The judge would also hear testimony on what is in the best interest of the child. Children between 12 and 17 rarely know what is in their best interest. They can easily be swayed by a “Disney” parent who offers things the child wants rather than recognizing the parent who truly is invested in the child’s future.

If I get 50/50 possession of the child, will I have to pay child support?

If I move out of the marital residence, will I lose my rights to the house?

Have I abandoned my rights to the marital residence by moving out?

When I divorce, my spouse and I will split everything 50/50, right?

If I live with my significant other more than a year, are we common law married?

If I am “only” common law married, I don’t need to get a divorce, right?

If I file for divorce first, will I be in a better position?

If the other parent is behind on paying child support, can you stop letting them see the children?

If my child(ren) don’t want to see the other parent, do I have to make them go for their visitation?

My spouse refuses to give me a divorce. Am I stuck staying married?

If I file for divorce can we take a break and try to reconcile?

What is a legal separation and why doesn’t Texas recognize legal separations?

If I am not married to the parent of my child does that mean I do not have any rights?

If my spouse and I agree on everything we can both be represented by the same attorney?

If I die, can I leave my children in the care of my sister/brother/mother/father/whatever?

Do I have to give my ex receipts to prove what I spent the child support on?

My spouse says that we must use a collaborative attorney to get divorced. Do I have to?

I’m not going to give my spouse any money to hire a lawyer. I can do that, right?