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When is Paternity Presumed under Texas Law?

When is Paternity Presumed under Texas Law?

Child Custody in TexasOne of the most frequent, and often contentious, issues that can arise in family courts in Texas involves the rights of fathers to visitation with and access to minor children, particularly when the parties were unmarried at the time of conception or birth, or there are other uncertainties about paternity. The Texas Family Code has specific definitions of who qualifies as a “parent.” With respect to fathers, a man will meet the definition of “parent” if he:

  • Is presumed to be the father
  • Is legally determined to be the father
  • Is adjudicated by a court to be the father
  • Has acknowledged his paternity

Presumption of Paternity

The Texas Family Code holds that a male will be presumed to be a child’s father if any of the following conditions is met:

  • The man is married to the child’s mother and the child is born while the marriage is still valid
  • The man was married to the child’s mother and the child is born within 300 days after divorce, annulment or the man’s death. This applies even if the marriage is or could be declared invalid, provided the marriage was in “apparent compliance” with the law
  • The man married the mother after the birth of the child and voluntarily declared his paternity of the child, and he has either promised to support the child as his own or his declaration of  paternity is filed with the bureau of vital statistics
  • The man lived in the same household as the child for the first two years of the child’s life and told others he was the child’s father

Contact Us

At the office of Linda Stewart Law, PLLC, our Baytown family law attorney brings more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-761-6042 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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Grandparents’ Rights in Texas

Grandparents' Rights in TexasWhat are Grandparents’ Rights in Texas?

When couples divorce and there are minor children in the home, the breakup can have a devastating impact on more than the parental relationship. A child’s bond with grandparents can be strong, and the loss of that interaction can be detrimental to the child, as well as the grandparent. Like all other states, Texas has laws governing visitation and custody of minor grandchildren, and this is often known as grandparents’ rights.

Grandparent Visitation in Texas

Under Texas law, a grandparent can successfully petition the court for visitation rights, but must show the court that visitation will be in the child’s best interests. The right to visitation is entirely at the discretion of the court—there is no absolute right to visitation with a grandchild. In addition, the grandparent must show that one of the following situations has occurred:

  • The child’s parents have divorced
  • The child has been abused or neglected by the parent
  • The parent has died, is in jail or prison, or has been determined to be legally incompetent
  • The parent-child relationship has been terminated in a court of law
  • The child has resided with the grandparent for a minimum of six months

If a child has been successfully adopted by someone other than a step-parent or other family member, the grandparents’ rights to visitation are terminated. In addition, a grandparent cannot petition the court for visitation if such an adoption takes place.

Grandparent Custody in Texas

The court may grant physical custody of a minor child to grandparents, but only if it determines that doing so is in the best interests of the minor child. A grandparent who successfully requests custody is also entitled to request child support.

Contact Us

At the office of Linda Stewart Law, PLLC, our Baytown family lawyer brings more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-761-6042 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

Se Habla Espanol | ASL and ESL Services Also Available

Visitation and the Holidays

Visitation and the Holidays

Visitation-and-the-Holidays

You may have a visitation schedule that works very effectively during the rest of the year, but things are typically different during the holidays. Your kids will have a certain amount of time off from school and may need adult supervision. In addition, you’ll want to spend more quality time with them, if you can. The best way to ensure that the holidays don’t magnify your stress level is to agree to a holiday schedule in advance and stick to it.

There are a number of ways that you can deal with visitation at the holidays:

 

  • One of the most common approaches is to alternate major holidays every year—if your children were with you on Christmas last year, they’ll be with you this year. This gives both parents the opportunity to share holidays with their children and offers the same experience to kids. Don’t ever consider having some kids with mom and others with dad on the same day—bad idea, as the kids will naturally talk about which place was best. It’s what kids do.
  • You can also set up two holiday celebrations. Christmas is on the 25th with one parent and on the Sunday before with the other parent.
  • Divide the day up for major holidays like Christmas or Thanksgiving. Let children wake up in one house and spend the afternoon and evening in the other parent’s home. With Thanksgiving, you may have your children with one parent on Thanksgiving Day and with the other parent on Friday.
  • For some parents, it works to have assigned holidays. For example, if you are in the hospitality business and your ex is not, you may have obligations every New Years Eve, so you may agree to have the children with your ex for that holiday every year.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-761-6042 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

Se Habla Espanol | ASL and ESL Services Also Available

Living Close for the Sake of the Children

In the aftermath of a divorce, one of the most challenging and emotionally difficult issues to deal with is not seeing your children, regardless of whether you are the custodial or non-custodial parent. While the natural inclination may be to put some distance between you and your ex, some parents are choosing to stay close, primarily for the benefit of children.

One couple in Brooklyn, recently divorced, decided to keep their three-unit brownstone there, with one parent living on the second floor, the other living at the garden level, and the parties renting out the middle apartment. They say that, though it was a challenge at first to ensure that the privacy of all parties was respected, the arrangement has proved to be a huge benefit for everyone involved.  There is no need to pack for kids when they visit the other parent, no need to drop off children and pick them up. In addition, if either parent has a work emergency, the other is right there, able to step in and meet the needs of the children. For the kids, it ensures that they’ll never be too far away from their favorite book or stuffed animal.

For some parents, the concept of “bird-nesting” works, where the children stay in one home and the parents rotate in and out. Most who have tried it, though, say it presents a lot of challenges, requiring the visiting parent to constantly check to see if they have clothes and other necessary items.

The preferred approach of many is to stay a few blocks from each other, where they can walk to see of pick up children, and where children can easily commute back and forth.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at (281) 420-8020 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

Se Habla Espanol | ASL and ESL Services Also Available

Visitation and Co-Parenting in Texas

Visitation vs. Co-Parenting

Visitation and Co-Parenting in TexasIn Texas, as in other states, courts in custody proceedings give priority to the “best interests of the child.” The courts also distinguish between physical custody (now called “managing conservatorship” in Texas) and legal custody. Managing conservatorship or physical custody refers to the actual physical residence of the child. Legal custody addresses the rights of the parent to participate in decisions regarding the child’s welfare, such as medical, educational, religious or other special needs.

With respect to physical custody, courts in Texas prefer to grant “joint managing conservatorship,” where both parents have access to the child, and the child spends some time in the home of each parent. In many instances, the child will spend a greater amount of time with one parent, who is labeled the “primary joint managing conservator,” or custodial parent. The other parent is customarily granted visitation (now referred to as “access”) with the minor child.

There is no “standard” co-parenting arrangement, though. The parents are typically free to work out agreements, such as alternating weeks with each parent, provided the court finds that such an arrangement is not disruptive to the child. Parents also have the ability to negotiate all other issues related to custody and visitation, from holidays and vacations to participation in extra-curricular activities.

If the parents cannot work out an acceptable arrangement, the court will order conservatorship and access, based on a number of factors, including:

  • The stability of each home
  • The fitness of each parent
  • The current and prior relationship between parent and child
  • The physical and emotional needs of the child
  • The input of the child, if the child is 12 year of age or older

Contact Us

At the law office of Linda Stewart Law, PLLC, in Baytown, we bring more than 10 years of experience to clients in south Texas. To learn how we can help, call our office at 281-420-8020 or contact us online.

We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our office is open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

Se Habla Espanol | ASL and ESL Services Also Available

 
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