Family Law FAQs

Frequently Asked Questions about Family Law

We have provided questions and answers to some of the most frequently asked questions. It is normal to have questions when dealing with a family law issue. The specialized terms, rules and procedures can be confusing.

FAQs

Click on the question to see the answer.

1. Can an unmarried couple or a single adult legally adopt a child in Texas?

Yes, a single adult can legally adopt a child in Texas. Also, one individual of an unmarried couple can adopt a child, but they cannot adopt a child jointly.

2. Can the legal system help you if your ex-spouse isn’t following court orders?

Yes, there are actions the court can take on your behalf to enforce court orders. Your attorney can file a motion for enforcement, and the court can force them to comply by making them subject to remedies and penalties for not following court orders.

3. Can you modify custody or support to help address issues with a special needs child?

Yes, special needs children often require extra attention and support. A customized parenting plan can help you afford therapies, pay for medical costs and provide specialized transportation for a special needs child.

4. Do Texas Courts recognize parental alienation and address it through the legal system?

Texas courts do not use the term “parental alienation,” but they do expect parents to act in ways that are in the best interest of the child. In that respect, they expect the parents to encourage a positive relationships with the other parent. When evidence points to patterns of behavior that alienate the child from the other parent, the court can take actions.

5. Why would a Texas Court require you to take a paternity test?

When uncertainty or disagreements arise regarding parental rights and responsibilities, the court can order a paternity test. The test would determine whether a person was the biological father of a child.

6. Can a Texas custody agreement exclude grandparents?

It can, because in most cases, grandparents do not have an automatic right to custody in Texas. Courts assume that a fit parent is acting in the child’s best interests. However, there are exceptions, such as in cases where the parent has problems with addiction and is not fit to take care of the child. Or when a spouse is deceased. Grandparents might have assumed the role of primary custodians, and this substantially changes circumstances..

7. Can a parent terminate their parental rights if they cannot pay or do not want to pay child support?

No, Texas courts do not allow parents to voluntarily terminate their rights to avoid paying child support. However, if you remarry and your spouse wants to adopt your children, the court would allow the biological parent to terminate their rights. The adoptive parent would then provide support for the children.

8. Under what circumstances might interstate custody become an issue?

Legal issues most often arise when a child either recently moved or splits time across state lines. Family laws sometimes vary from one state to another. For this reason, there might be a conflict regarding which state has jurisdiction over family law issues related the child.

9. For a child name change, does a child have any legal right in the matter?
It depends on their age. In Texas, if the child is 10 years old or older, you must attach their written consent to the petition for name change.
10. What is family law?
The Texas Family Code is a civil branch of law that Texas courts use to decide legal issues. Family law has its own specialized district courts that hear and decide cases involving family members.

Get answers to your questions from an experienced divorce lawyer

Do you have further questions about what divorce involves? We’re glad to explain the terms and process involved with divorce in greater depth. We look forward to hearing to your concerns and helping you plan a divorce that meets your objectives.

Call 940.566.0606 to schedule an appointment.

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Reach out to us

DTX Family Law offers paid consultations with Board-Certified Family Law Attorney Chrysandra S. Bowen.
Our consultations are designed to provide meaningful legal guidance, case evaluation, and strategy tailored to your situation.

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DTX Family Law

525 S. Locust Street, Ste. 100
Denton Texas 76201
Phone: 940.566.0606