As a responsible citizen, it is important that you familiarize yourself with the laws of your state. Among the laws that you need to be familiar with is family law. This article will discuss family laws in Austin, Houston & Dallas.
Family law is one of those areas of Texas state laws that have more presumptions than any other. By saying presumptions, we mean that in a case involving these laws, the court assumes that everything is true, unless evidence that proves otherwise is presented. Most of the presumptions in this law concern the financial support, visitation, and conservatorship of children. You also need to remember that there are exceptions for many provisions of this law, therefore, make sure that you consult with a lawyer who specializes in family law regarding your specific situation.
Presumption of Sole Managing Conservatorship
Sole conservatorship will only be granted to a parent if the court is presented with credible evidence that one of the parents has committed family violence. For this reason, that parent cannot be a joint managing conservator. One parent will, therefore, be appointed by the court as the sole conservator, while the other parent will be a possessory conservator.
Presumption of Joint Conservatorship
For a court to decide that both the parents should be appointed as joint conservators, it will have been proven that joint management is in the best interest of the child. This type of conservatorship gives both parents the same rights and duties. The parents will also have the right to decide the primary residence of the child. The parent who will provide residence to the child is the one who will have exclusive right to receive child support.
Presumption of Visitation
There is a standard visitation scheme in Dallas, Houston, and Austin. The scheme is designed in such a way that it is seen to be in the best interest of the child. Visitation is scheduled for the first, third, and fifth weekends of the month all year long. It is also scheduled for every Thursday evening during the school term.