Family Law Definitions
Adoption: The area of law that allows a non parent to become the legal parent of a child. Usually the rights of the biological parents have to be terminated by consent or court order. Adoption papers can be filed by private attorneys, government agencies or non profit organizations.
Alimony: An amount given to one spouse to another while they are separated or upon their divorce. Historically, the word "alimony" referred to monies paid while spouses were legally separated but stilled wedlocked. Where they were divorced, the monies payable were then referred to as "maintenance" but this distinction is now in disuse. Texas Spousal Support is extremely limited.
Annulments: A legal determination that a marriage was not valid.
Child Support: Determination of the appropriate amount of money to be paid from one parent to another for the financial support of children, including basic support, health insurance and medical costs, child care and related expenses. This amount is usually based on guidelines set for employed individuals and self employed individuals. One parent does not have the right to withhold child support just because he is not getting visitation with the child. He can file a motion to enforce his visitation.
Custody: Means the charge and control of a child including the right to make all major decisions such as education, religious upbringing, training, health, right to establish the residence of the child and welfare. Custody, without qualification usually refers to a combination of physical custody and legal custody. Joint Custody does not necessarily mean joint physical custody.
Divorce: The division of assets, debts, custody of children, child and spousal support and changing legal status from "married" to "single." The final, legal ending of a marriage, by Court order.
Enforcement Proceedings: a separate action to enforce any existing orders in family courts.
Legal Separation: This is not recognized in Texas. Identical to divorce, the result of which is a Judgment of Legal Separation rather than dissolution of marriage. Parties to a legal separation may not remarry after the judgment is entered without obtaining a separate dissolution of marriage
Modifications: A formal change to a previous order of the court, such as a change in a custody arrangement or the amount of support to be paid.
Name Changes: Adults and minor children can legally change their name. For adults, this can be part of a divorce proceeding or by a separate suit filed in a court of law. A child’s name can be changed anytime by a parent in a paternity suit, adoption or a name change petition.
Suit Affecting Parent-Child Relationships: This can be filed by anyone with a relationship to the child to establish custody, child support, rights or duties visitation and even change the name of the child.
Paternity: The legal determination that someone is the mother or father of a child and related issues such as child custody and child support.
Post Divorce Issues: Includes modifications to custody, child support and visitation, as well as all enforcement proceedings to enforce existing orders or divide property not divided in a previous divorce.
Premarital Agreements: Persons intending to marry have the right to enter into an agreement to maintain separate property as separate and even to characterize community property after marriage as separate, which is significant as no court has the authority to divest a person of their separate property.
Protective Orders: In cases of family or domestic violence, a protection order can be obtained for the safety of the party and minor children. This can also be obtained through the District Attorney’s office.
QDRO’s: This is a vehicle by which a spouse’s interests in the other person’s retirement, Pension or related plans are protected. They need to be carefully drafted otherwise they will not qualify.
Retirement Income: Texas law says that in most cases, all retirement income acquired during marriage is subject to division upon divorce.
Restraining Orders: Used in situations of domestic/family violence to get immediate protection for a family member, including a child. These are temporary and usually are followed by a permanent injunction.
Spousal Maintenance: Each person has a statutory duty to support their spouse. If a divorce is filed, the court may order one person to pay directly to the other spouse, or to any creditors for the benefit of the spouse.
Termination: Similar to "divorce" for those parties who have domestic partnerships but who were not married to each other. Also in Adoptions, the biological parent’s rights have to be reinstated.
Visitation: The right of a non-custodial parent or Grandparent to visit or spend time with his or her children. The same considerations are utilized in establishing visitation orders, as with custody, as the "best interest" of the child is the standard of the court.
