FAQs
Questions about family law?
A geographic restriction is a provision in a child custody order that limits where the child can primarily live. This type of restriction is often put in place to ensure that the child has stability and continuity in their living arrangements and can continue to attend the same school and be in close proximity to other important people and resources in their life.
If a geographic restriction is included in a child custody order in Texas, it will specify the specific geographic area in which the child can primarily live. This area may be a specific city, county, or even a specific school district. The restriction may also specify how far the child can be moved from their current residence without the consent of the other parent or the court.
It is important to note that a geographic restriction is not the same as a child custody order. A child custody order will specify the rights and responsibilities of each parent with regard to the child’s care, while a geographic restriction will simply specify where the child can primarily live. However, a geographic restriction is typically ordered as part of a child custody order unless the court finds that a geographic restriction would not be in the child’s best interests.
A geographic restriction can be modified by the court if circumstances change and it is in the best interest of the child to do so. For example, if one parent wants to move out of the restricted area and the other parent objects, the court may hold a hearing to determine if the move is in the best interest of the child. If the court determines that the move is in the child’s best interest, the geographic restriction may be modified to allow the child to move with the parent.
Contact an experienced attorney at Deyerle Silva Smith to ensure your rights and interests are protected.
Premarital agreements, also known as prenuptial agreements or prenups, can be a useful tool for couples in the State of Texas who are planning to get married. A premarital agreement is a legal contract entered into by two people before they get married, in which they can define their rights and obligations in the event of a divorce or death.
In a Texas divorce proceeding, temporary orders are sometimes issued by a court to provide temporary guidance and protection for the parties involved in a divorce until a final divorce decree can be issued.
In the State of Texas, property acquired during a marriage is considered community property, while property acquired before the marriage or by gift or inheritance during the marriage is considered separate property.
In Texas, divorces must wait at least 60 days from filing to finalize, but most cases take longer due to factors like case complexity, conflict level, disputed issues, and party cooperation. It’s important to discuss goals with a family law professional and consider delaying finalization for reasons such as financial access, testing child schedules, or addressing fraud. Seek guidance from experienced attorneys like Deyerle Silva Smith for a personalized approach and the best possible outcome.
The cost of a divorce in Texas can vary depending on factors such as the complexity of the case, the number of disputed issues, attorney’s fees, the opposing party’s willingness to cooperate, and client goals. It’s important to consider other expenses like mediation, expert witness fees, and court filing fees. Taking steps to prioritize goals, communicate and cooperate with the ex-spouse, stay organized, and hire an experienced attorney can help lower the cost of the divorce and ensure a fair outcome.
Are you in a committed relationship and wondering if you qualify for a common law marriage in Texas? Common law marriage, also known as informal marriage, is a legally recognized marriage in the state of Texas, granting the same rights and responsibilities as traditional marriages. However, establishing a common law marriage in Texas requires meeting specific criteria and providing adequate evidence.
Ensuring the well-being and safety of children is a primary concern for every parent. But what happens when the other parent’s alcohol abuse becomes a potential threat?
A nesting arrangement is a unique form of child custody that emphasizes stability for the child. In this setup, rather than the child(ren) shuttling between two homes, they remain in one primary residence. The parents, on the other hand, alternate their stays in this home, ensuring the children’s environment remains unchanged.