Family Law encompasses legal matters concerning family and domestic relations. If you are navigating issues governed by Family Law, it is crucial to seek guidance from an experienced family law attorney and retain their services if necessary. Understanding the basics of the law can also empower you to approach your case effectively.
In this article, we address common questions regarding family law, divorce, and child custody. Let’s delve into some key insights:
Should I pursue an out-of-court settlement?
While the viability of settling outside of court varies case by case, it’s often not the optimal choice. Before deciding, it’s essential to assess your case with your family attorney, comparing the processes and outcomes of both out-of-court and court settlements. Consider factors such as trial costs, psychological impact, and overall implications associated with each option.
Can my children be relocated without my consent?
Absent a court order restricting your children’s residence, yes, they can be moved. To prevent such scenarios, obtaining a geographical restriction from the court is crucial. This restriction ensures that the other party cannot relocate the children without your consent or court approval.
How is property divided in a divorce, and by whom?
In Texas divorce cases, the judge has the authority to divide community property in a manner deemed “just and right.” While community assets are typically divided equally, factors such as income disparities between spouses may lead to disproportionate division. Due to the complexity of property valuation and division rules, having a knowledgeable family law attorney by your side is highly advisable.
Is a paternity test essential?
Yes, verifying biological paternity is critical to preempt any last-minute complications. If paternity is contested later and you haven’t taken this step, court orders cannot be reversed. Under recent amendments to Texas Family Code Section 161.005, a man who has been paying child support but is not the biological father may seek termination under specific circumstances.
Navigating Family Law requires careful consideration and legal expertise. For personalized guidance on your family law matters in Texas, contact Austin Lawyer Referral Service today.
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