Family law cases can involve sensitive issues like divorce, child custody agreements, and adoption. The attorneys at Haney.Moorman.Paschal, P.C. have represented clients through all of these complex legal matters, and more. Our lawyers bring nearly 30 combined years of experience practicing probate law, personal injury law, and family law to the Huntsville community.
Why choose Haney.Moorman.Paschal, P.C.?
- Our firm has a strong connection to our local community. We know the court system and other attorneys to provide our clients with a strong network of legal professionals.
- We are a full-service law firm that can help you with all your legal needs. We represent you from consultation to settlement, handling everything from paperwork to investigations.
- Our partner, David Moorman, is a certified mediator who can assist you with your family law case. Our offices include spaces to accommodate groups for mediation purposes.
Divorce Laws in Texas
Under Texas law, you or your spouse must be a Texas resident for at least six months before you file a petition for divorce in the appropriate District Court or County Court at Law. In addition, you must be a resident of the county in which you file for divorce for 90 days prior to filing the divorce petition. If you live outside of Texas but your spouse has lived in the state for the last six months, you can file for divorce in your spouse’s county.
You will need to satisfy one of the following legal grounds for divorce:
- Separation for at least three years
- Hospitalization in a mental ward
- Discord or conflict without reasonable reconciliation
- The commitment of a felony
If you or your spouse is pregnant, you should wait to file until after the baby is born. Many Texas courts will not finalize a divorce while one spouse is pregnant, as they will want to include the child in the final divorce decree.
To file for divorce in Texas, you will need to follow this process:
- File a Petition for Divorce in the appropriate District Court.
- The Respondent spouse will need to file an Answer within 21 days of receiving the Petition. If they do not file a response, the case may continue without them.
- The courts will review the case and determine if any domestic violence occurred in the household.
- After 60 days, the courts will issue the final divorce decree.
A family law attorney will guide you through the divorce process, following all applicable laws and deadlines, and put your mind at ease.
The Texas Child Custody Process
In addition to property division, your divorce case may involve child custody agreements. In Texas, child custody is known as “conservatorship.” Conservatorship includes the following rights:
- Access to information about the education, welfare, and health of the child.
- Access to medical, psychological, educational, and dental records.
- The right to talk to school and health officials about the child.
- The right to consent to medical treatments for the child.
There are two types of child conservatorships: sole managing conservatorship (SMC) and joint managing conservatorship (JMC). Under JMC, the court gives joint and separate parental duties to each parent. Under SMC, only one parent has these rights, along with the right to make decisions about the child’s education, residence, and health.
Parents may also receive visitation rights unless it’s not in the best interests of the child. The court will create a visitation schedule on your behalf. In addition, the parent who the child does not live with will likely have to pay child support.
Adoption in Texas
Just about any adult can adopt a child in Texas, and it’s a relatively simple process. No state-mandated age minimums exist, but private agencies may set their own requirements. If you are married, your spouse must adopt with you. Same-sex couples and single parents can also adopt in Texas.
Prospective parents must undergo a home study including background checks, interviews, home visits, and other processes. Birth parents must terminate their rights first, and anyone over 12 years old must consent to the adoption.
Contact Us Today
Haney.Moorman.Paschal, P.C. can help you navigate your family law issue. We have decades of experience representing families through all types of proceedings. Contact us today to schedule a free personal injury consultation at our Huntsville offices.