Does Adultery affect child custody in Texas?
There is no clear-cut answer to the relationship between adultery and child custody. A judge must look at the best nterests of a child when making a child custody determination. The existence of adultery may affect a judge’s decision regarding child custody but absent a strong case the adultery has had a negative impact on the child, it will likely have little impact. It is up to the individual judge to examine the facts and circumstances of an alleged affair to decide if it will have any impact on child custody.
Factors of Consideration
Whether adultery affects child custody in Texas is the decision of the judge. Judges are more willing to consider the existence of adultery when one of the parents has engaged in the affair in front of the children. A divorce can be a difficult and confusing time for children. A parent who blatantly conducts an affair in the presence of the child is showing very poor judgment, which the judge could take into consideration when awarding custody.
New Romantic Partners
A related issue to adultery and child custody is introducing your child to new romantic partners during the pendency of your divorce. While you may have begun divorce proceedings and are separated from your spouse, it can be very confusing for a child, no matter their age, to be introduced to a new boyfriend or girlfriend.
Having a new romantic partner living with the child is frowned upon by almost all family law judges. Some judges are so very much against the idea of prematurely introducing new romantic partners to children that if such an event occurs during the pendency of your divorce they may make a custody determination based on the fact you were apathetic in considering the best interest of your children. New romantic partners can give the opposing party effective arguments about adultery and child custody so it’s best to proceed with caution.
Judges can circumvent new romantic partners being around the children by including morals clauses in temporary orders. Such a clause states that no unrelated members of the opposite sex may be in the home with the children during specific hours of the night. These clauses may apply to members of the same sex in some cases. Adultery affects child custody in Texas the most when these orders are in place, and especially if they are breached.
If going through a divorce, it’s best to wait until the custody arrangement has been determined and the divorced finalized before introducing a new romantic partner into the children’s life; both for the good of your children and your pending divorce suit.
Connect With An Attorney
If you or your spouse has committed adultery before or during the divorce process, it’s important to secure competent legal representation for the best possible outcome. As a board certified family law attorney, Mary E. Ramos has the knowledge, experience, and reputation you’re looking for when you’re going through a divorce. Consider these tips regarding adultery and child custody and schedule a consultation with our attorneys at Ramos Law Group, PLLC, today.
The recent adult adoption of a Florida businessman’s girlfriend in an attempt to protect assets from civil litigation has put the spotlight on the legal act of adopting an adult. The Texas Family Code, Section 162.501 specifically allows for the legal adoption of an adult by another adult.
Adult adoption differs little from the adoption from a minor, with the exception that an adult must consent to the adoption. The biological parents of the adoptee do not need to be notified of the adoption and are not entitled to notice of any adoption proceedings. An original petition for adoption must be filed with the court and a hearing will be held.
One of the most common reasons for a formal adult adoption is when a step-parent was unable to formally adopt a step-child while the child was underage due to a biological parent’s refusal to allow for the adoption to go forward.
The adoption of an adult creates a parent-child relationship in the eyes of the law. One of the legal ramifications of adult adoption is that the adopted adult may no longer inherit from their biological parents, but may only inherit from their adoptive parents, per Texas Family Code §162.507.
An adult adoption will not be granted by the court if it appears that the adoption is being sought to defraud creditors or avoid other legal obligations. It will also not be granted if the judge believes a party is being taken advantage of, such as if a party is disabled, elderly or under duress. Adult adoption can also not be used to receive benefits under U.S. immigration law.
If you are considering adopting an adult of if you are an adult who is considering consenting to being adopted, please contact the Ramos Law Group, PLLC so that you may discuss the legalities and adoption process.
To obtain a divorce in the state of Texas, at least one of the spouses must have been domiciled in the state of Texas for the six months preceding the filing of the divorce suit as well as a resident of the county in which the suit will be filed for at least the preceding 90 days. If neither spouse has been a Texas resident for at least six months prior to filing the suit, you have not established jurisdiction and will need to wait until six months have passed until you may file for divorce in Texas. This is a jurisdictional issue, meaning that the Court has no power to grant a divorce until at least one spouse has met the residency requirements.
To file a suit affecting a parent-child relationship or modification suit, the state of Texas must acquire jurisdiction over the child or children subject to the suit. The child or children must reside in Texas for at least six months for the state to assume jurisdiction. If there is a previous order relating to the children issued by another state, a party must request the registration of a foreign judgment in Texas before an original petition to modify an existing order may be filed. This request is in addition to the requirement that the child have resided in Texas for at least six months.
Divorce can be one of the most difficult and life changing events a person can encounter whether you are just filing for divorce, have been served with divorce papers or in the middle of an intense divorce or custody battle. Regardless of where you are in the divorce process, you deserve the highly skilled representation offered by the Houston Divorce Lawyers of the Ramos Law Group, PLLC.
As a Pro Se litigant, you may not be fully aware of the Texas Family Code, relevant statutes or other critical issues relating to property division, spousal maintenance, child support and child custody. You may have started the divorce process on your own only discover that your pleadings were flawed or defective, the court would not accept your final divorce decree or just realized that by doing it on your own you sacrificed your parental rights or received less of the community estate than you would have with an experienced divorce lawyer.
Family Law Attorneys are critical in the divorce process not only because of their specialized knowledge of the ins and outs of property division, spousal maintenance, child custody or child support, but also because of their experience before certain judges and the relationships they have developed over the years with the court staff. Knowing the ‘does and don’ts’ of each court can be the difference between having your case heard within a few days to having to wait a few months. Aside from the great relationships we have meticulously developed over the years with family courts, our attorneys routinely obtain exceptional results in negotiating divorce settlements, child custody and visitation before ever stepping foot in the courtroom through mediation.
EXPERIENCED DIVORCE LAWYERS IN HOUSTON
The Ramos Law Group, PLLC is dedicated to providing exceptional service and legal support to clients who are seeking to divorce their spouse or pursuing other family law matters. Our legal team will help educate you and work diligently to achieve a successful property settlement, spousal maintenance award, child support, child custody parenting plan and more. We are a results based firm and strive to acquire the most favorable result for each and every client possible. As our founder learned in the Navy, we have the honor, courage and commitment to put our client’s needs before our own.
If you are considering filing for divorce or just want to make sure your divorce is being handled properly,contact our exceptional Houston divorce lawyers today for the service and results you deserve!
Texas is a community property state, which means that there is a presumption that assets are community property, not separate property of a spouse. To overcome this presumption, one must be able to definitively show to a court that an asset was acquired before the marriage and has maintained its characterization as separate property. The key to maintaining the character of your property as separate is to avoid commingling the property with community property.
If you sell or liquidate a separate property asset and purchase another asset, that subsequent asset remains separate property. Commingling proceeds from a separate property asset with a community asset can be problematic when attempting to divide assets in a divorce. The best method to maintaining an asset’s characterization as separate property is to keep the asset apart from any community accounts or assets.
It’s important to remember that while an asset may be without a doubt your separate property, any interests, dividends or capital gains resulting from that asset is considered community property. So while an investment account may initially be separate property, it may be accumulating community interest during the marriage. This is where tracing and forensic accounting becomes important.
Tracing is a tool used to prove with clear and convincing evidence that an asset is separate property. The burden is on you to “trace” where money or an asset came from and when it was acquired to overcome the presumption that it is community property. Tracing can be accomplished through financial records.
If you are contemplating a divorce and would like to discuss your concerns about separate and community property, please contact the Ramos Law Group, PLLC so that we can answer any questions or concerns.