Family Law and Divorce Cases
Family Law generally refers to matters related to dissolution of
marriage, legal separation of the parties, nullity of marriage,
child custody, and support matters, and domestic violence
petitions.
Separation is the act of one spouse leaving the other to live
separate and apart, perhaps with the intention of "taking a
break" from the relationship, or perhaps with the intention of
ending the relationship. Divorce is the severance of the legal
relationship between the parties following the breakdown of
their marriage.
In
the case of divorce, generally, the court having jurisdiction of
the divorce proceedings also determines who shall have custody
of children from the marriage. (The authority to do so is
considered part of the original jurisdiction of the court, and
not as a new authority being conferred upon them.) Under the
common statutory provision, the parents of a child born within a
marriage are joint guardians of that child and the rights of
both parents are equal--each parent has an equal right to the
custody of the child when they separate.
Child support is a payment made by one parent to the other to
defray the costs that parent bears because of the child and,
consequently, to help improve the child's living conditions.
Child support is not a supplement to spousal support, it
is money paid for the benefit of the child rather than the
parent with whom the child mostly lives. Nor is child support a
fee paid in exchange for time with the child. Access and child
support are, and should be, entirely different issues.
If you or a loved one is in the process of
getting a divorce and needs legal advice, contact the Houston
Legal Team for immediate assistance by calling 713-301-0303 or
submit your case online.
