2. I am afraid what my spouse will do if I
file for divorce, what do I do? - Speak to your attorney about
this. There are many options available if you fear for your
physical safety, the safety of your children and if you are
concerned about the property in your marital estate. If you
are ever threatened or physically abused by your spouse call
911 immediately and explain in detail to the responding officer
exactly what happened. Consult with your attorney as to what
to do next. There are many protections that Texas law affords
to the victims of domestic violence. The protection also extends
to the children.
3. Conservatorship what is that? - Texas doesn't
use the term "custody." Instead we use the term
"conservatorship." Conservatorship can be best described
as what duties and rights each parent will have, or not have
regarding children. When speaking about children it's important
to speak in terms of conservatorship, not custody. Conservatorship
is broader than custody. The rights designated by conservatorship
is considerably more than those given by custody. There are
two types of conservatorship in Texas; Join Managing Conservatorship
and Sole Managing Conservatorship. In Texas, there is a presumption
that it is in the child's best interests that the parties
be named Joint Managing Conservators. This presumption can
be over come if one parent can not act in the best interest
of the child. Conservatorship designates who will have the
final say regarding the four bigger decisions regarding children:
where the children will reside, where they will go to school,
major medical decisions regarding the children, and the moral
and religious upbringing for the children. Ultimately, one
party will be designated as the parent who has the exclusive
right to establish the primary residence of the child. The
court can (and frequently does) restrict the party who establishes
the residence of the child to a certain geographical area,
usually the county the divorce takes place in.
4. Residency restriction what's that? - Currently
this is a hot issue in Texas. Most courts take the position
that to allow the parent who establishes the primary residence
of the child to live wherever that parent wants to live without
some geographical restriction would effectively prevent the
non-custodial parent from having frequent and continuing contact
with the child and thus would make any kind of meaningful
relationship between the child and non-custodial parent virtually
impossible. Most child psychologists have determined that
a child's best interests are met when BOTH parents have continued
and frequent contact with the child and BOTH parents actively
participate in the child's life. There is also evidence younger
children who have frequent contact with the non-custodial
parent tend to have a stronger and more meaningful relationship
with the non-custodial parent as opposed to children who did
not have frequent contact with the non-custodial parent. Statistically
the parent-child relationship (sometimes referred to as "the
tie that binds") tends to be much stronger. Therefore,
Courts tend to order possession schedules that further this
aim.
5. I was never married to the other parent
of my child, how do I get child support? - There is no requirement
that the parties be married in order for the custodial parent
to receive child support.
6. How much child support will I get? - Child
support is generally set at 20% of the net income for the
first child, 25% for the next child, 30% for the next child,
and so on. These percentages apply to the first $6,0000.00
of the non-custodial parents net income. Child support above
the non-custodial parents net income of $6,000.00 is based
on the children's proven needs. Texas court have not defined
what the "proven needs" of the children are. Texas
law decides what the net income is regarding net and gross
income. Generally, the person paying child support is responsible
for maintaining or reimbursing the other party for health
insurance for the children.
7. I can't find a lawyer,
what do I do? Call me. Mike Granata (214) 977-9050.
8. How long will my divorce take to finish?
In my experience, most divorces take between 2-8 months to
finish. Of course, this is the general rule, your case may
be the exception.
9. I have an order establishing child support,
but I am not getting it, what do I do? - Contact the Texas
Attorney General, www.oag.state.tx.us/index.shtml
10. I do not know where my spouse is, can
I still get a divorce? - Yes.
Our office is conveniently located in Dallas Texas at:
Law Office of Michael P. Granata
Turley Law Center
6440 North Central Expressway, Suite 450
Dallas Texas 75206
Tele: (214) 977-9050
website: www.dallasdivorcelawyer.com
