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Under the Texas Family Code, there are certain circumstances where grandparents can file a suit requesting the court to grant them possession of or access to their biological grandchildren. However, there are certain statutory requirements that the grandparent must prove before the Court can award possession and access to grandparents in Texas.

First, the grandparent(s) must prove that at least one of the child’s biological or adoptive parents has NOT had their parental rights terminated. If both parents have had their parental rights terminated, the grandparents will not be able to get possession of or access to the child without first proving that it will be in the child’s best interest that possession and access be awarded.

Second, the grandparent(s) must show by a preponderance of the evidence that the children’s physical health or emotional well-being would be significantly impaired if the grandparent(s) were not allowed to exercise possession of or access to the children. In Texas, parents are presumed to be able to act in the best interest of their children. As such, the grandparents must rebut that presumption by showing that there would be a significant impairment to the children’s physical health or emotional well-being. This is a fairly high burden – one that will not be met simply by showing evidence that the grandchildren love their grandparents and they would be sorely missed if they were not allowed to see their grandparents. A significant impairment has been found in situations where the grandparents have established a continuous relationship with the grandchildren and assumed certain parental responsibilities – i.e. taking the child to their doctor’s appointments.

Third, the grandparents must prove that they have been wholly denied possession of or access to the grandchildren by the parent. Just because the grandparents aren’t seeing the grandchildren as much as they would like does not mean that they have been wholly denied possession or access. Remember, the court presumes that parents can act in their children’s best interest. As such, parents are also presumed to be able to determine appropriate visitation for the grandparents without having the Court order a specific schedule.

Fourth, the grandparents must be able to prove that they are a parent of one of the children’s parents and that one of the following is true about that parent of the children:

  1. The children’s parent has been incarcerated for at least 3 months before the petition was filed;
  2. The children’s parent had been judicially declared incompetent;
  3. The children’s parent is dead; or
  4. The children’s parent does not have actual court-ordered possession of or access to the children.

There is no standard schedule that the court must order if a grandparent is awarded possession of or access to the grandchildren, but the court will typically order some weekend and holiday periods of possession for a grandparent who meets all of the above criteria.

It is important to keep in mind that the requirements listed above are only for grandparents seeking possession of or access to their grandchildren. The Texas Family Code details a different set of requirements when grandparents are seeking custody of their grandchildren.

Divorce is a difficult and painful process for almost any couple experiencing the end of a marriage partnership. Making decisions about property division and custody arrangements can be extremely stressful and emotionally-charged for the parties involved. Divorce becomes even more complicated when one party becomes pregnant before the divorce is finalized. Couples who are considering getting a divorce in Texas while pregnant will face some additional steps throughout the divorce process due to the pregnancy.

Waiting Period

Texas requires almost all couples to wait sixty days before finalizing a divorce, regardless of whether or not one of the spouses is pregnant. A divorce in Texas while a spouse is pregnant is unlikely to be finalized until after the baby is born. Courts in Texas typically wait to finalize the divorce until after the birth of the baby so that orders regarding the child can be included in the final divorce decree. (One of the few exceptions to this rule is in the case of domestic violence.) Therefore, if the pregnancy is already a few months along, the waiting period shouldn’t take much longer than the two months already required by Texas law. Even if the divorce is contested, it’s unlikely the pregnancy would delay the process since contested divorces often take longer than the length of a pregnancy.

Paternity Issues

Divorces in Texas involving a pregnant spouse become more complex when the paternity of the unborn child is in question. In this case, the husband will need to file documents with the court denying paternity of the baby. If the biological father will not agree to sign an acknowledgment of paternity, the court will need to order the biological father to take a paternity test. If the paternity test verifies the identity of the biological father, the divorcing husband will need to file for the court to adjudicate parentage so that the court can name the father in the final divorce decree.

 

Child Support

Husbands who are unable to prove they are not the biological father of their wife’s unborn child will still be subject to paying child support since the court views children born during the marriage as being the husband’s children. A husband who strongly believes he is not the father of his wife’s baby can petition the court to order a paternity test. This process may be necessary once the baby is born to determine who the father is.

Although getting a divorce in Texas while pregnant adds an additional layer of complication to the divorce process, it is possible to navigate this complex territory by finding a good Texas divorce attorney. Working with the right legal experts will provide you with the knowledge and guidance you desperately need during one of the most difficult times of your life. If you’re facing a divorce and you need trusted, expert legal guidance, contact Ramos Law Group today to schedule a consultation.

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Military divorces — divorces where one or both of the spouses are active duty military personnel, in the National Guard, or reservists — often require additional steps and procedures to finalize as compared to civilian divorces. Most states, including Texas, have laws and procedures that only pertain to military divorces. There are also federal laws that govern the steps necessary to finalize a military divorce in Texas. This is why it’s important for service members and their spouses to consult with Texas military divorce lawyers to ensure their divorce proceedings are conducted according to all of the requirements found in both state and federal law.

Protection from Military Divorce in Texas

Federal laws exist to protect active duty military members from being divorced by their spouses without knowing an action has been filed in federal court. Under the Servicemembers Civil Relief Act (SCRA), and in the discretion of the local court, a military divorce in Texas may be postponed while the service member is on active duty and for an additional 60 days afterward. Active duty service members may waive these protections if they wish to continue with the divorce proceedings as soon as they are filed.

Serving an Active Duty Military Spouse

In order for a Texas court to hear the divorce proceedings involving an active duty military spouse, the active duty member must be served in person with divorce papers. It is also possible for the spouses of military members to file a waiver affidavit not to be served in person, but this is only possible when the divorce is uncontested.

Residency and Filing Requirements

The grounds for filing for a military divorce in Texas are the same as those for civilians. Divorces are usually filed where a couple lives, but this is not always possible for military couples on active duty. Active members of the military may be deployed at any time, and that can cause problems when planning a military divorce. Some couples may not have lived in a state long enough to establish residence. Texas military divorce lawyers can help individuals determine whether or not they meet the residency requirements for obtaining a divorce in Texas. If a divorcing couple meets the residency requirements for a state other than Texas, military divorce lawyers may advise their client to file for divorce in the other state.
In order to proceed with a military divorce in Texas, either the active duty member or their spouse must have been a resident of Texas for at least six months and a resident of their county for three or more months. The active duty service member must be stationed in Texas for these residency requirements to apply. If the active duty service member is deployed or stationed in a different state, then the process may require filing in a different state.

Property Division

The rules regarding the division of property and marital assets in military divorces in Texas are the same as those for civilian marriages, but there are federal laws governing the division of military retirement benefits. Division and disbursement of military retirement assets are determined in accordance with the guidelines set by the Uniformed Services Former Spouses’ Protection Act (USFSPA). In order for a dependent spouse to receive any disbursement from retirement benefits, the couple must have been married for at least ten years while the military member was on active duty. Federal law grants direct partial payments of military retirement to spouses married to a soldier for at least ten years, but military divorce in Texas requires the division of any future military retirement benefits that accrued during the marriage regardless of its length.

Divorcing couples must include a section in the divorce decree that spells out provisions for the Survivor Benefit Plan premiums, if any, as well as the length of the marriage, the time on active duty service and the computed amount of the retirement payments the spouse will receive if any. Health care benefits will also continue for the minor children and, if the marriage lasted for 20 years, the spouse as well, so the soldier will be required to obtain military identification cards for his dependents as needed. Because of these unique circumstances, it is important to consult with a Texas military divorce lawyer who understands the specific requirements for finalizing a military divorce in Texas.

Custody, Child Support, and Spousal Support

The normal Texas child support guidelines, worksheets, and schedules are used to determine the amount of child support to be paid in a military divorce in Texas. Although support orders in Texas are decided according to the normal guidelines for support determination, the support may not exceed 60 percent of the pay and allowances of the active duty member.

Parents who are divorcing in Texas must agree on a written parenting plan or allow a judge to enter an order regarding conservatorship and possession, the terms used for custody and visitation. Military couples must consider what will happen if the active duty member is deployed or sent to another location. For example, in military divorces in Texas, a deployed service member may ask the court to allow extra visitation after they return. Therefore, the parties might agree to include an automatic provision to that effect in their parenting plan. They might also agree to let the child’s grandparents visit with the child while the service member is away.

Starting The Process

With the assistance of a Texas military divorce lawyer, actions filed in Texas are generally the same as most other divorces, with the exception of some specific requirements for the action to proceed within the state. Active duty military members should always work with an experienced law firm that is familiar with military divorces in Texas. It is important during a military divorce to know the best way to handle concerns such as jurisdiction, child custody, and division of property as it applies to a military member to let divorcing couples reach the most favorable resolution for their individual situation.
The board-certified attorneys at Ramos Law Group can help. Contact us to start the process of achieving the best possible result for your case.

Being agreeable while ending your marriage can save both of you from unnecessary grief and litigation cost. But there are important reasons to contest a divorce, times when you should choose not to compromise with your soon-to-be former spouse.

The first reason is plain and simple – when you believe the safety and welfare of your children will be jeopardized if you choose to compromise. Let’s be honest, when it comes to divorce emotions run high and all too often parties get hung up on “besting” the other parent to the detriment of their children. A zero-sum game framework is not conducive to a healthy co-parenting relationship.

Designation of Primary Conservatorship

The number one issue we’ve seen driving contested divorces in Texas is when parents disagree on who will decide the primary residence of the children. The parent with this right is designated as the primary conservator. This parent gets to designate the primary residence of the children and generally is also the parent who will receive child support. This is certainly an important right, but in practical application, it may mean much less than you think. This is because conservatorship in Texas consists of two parts – designated by the Court as “rights and duties” and “possession and access”. Just because a party has the right to designate the primary residence of the children does not mean that they have the exclusive right to make all other decisions for your children. All other rights listed below can be designated exclusively to one parent, joint (decision must be made together), or independently (each parent can make the decisions on their own), so just because you are not the primary conservator does not mean that you do not get to have a say in important parenting decisions. You need to consider these aspects when preparing for a contested divorce in Texas.

Parental rights independent of sole conservatorship

  • The right to consent to medical, dental, and surgical treatment involving invasive procedures.
  • The right to consent to psychiatric and psychological treatment of the children.
  • The right to receive and give receipt for periodic payments for the support of the children and to hold or disburse these funds for the benefit of the children.
  • The right to represent the children in legal action and to make other decisions of substantial legal significance concerning the children.
  • The right to consent to marriage and to enlistment in the armed forces of the United States.
  • The right to make decisions concerning the children’s education.
  • Except as provided by section 264.0111 of the Texas Family Code, the right to the services and earnings of the children.
  • Except when a guardian of the children’s estates or a guardian or attorney ad litem has been appointed for the children, the right to act as an agent of the children in relation to the children’s estates if the children’s action is required by a state, the United States, or a foreign government.
  • The duty to manage the estates of the children to the extent the estates have been created by community property or the joint property of the parent.

Authority over the visitation schedule is important and can be a major issue affecting contested divorces in Texas. If you ask for an expanded standard possession schedule the time each parent gets to spend with the children is nearly even. With an expanded standard possession schedule, possession and access begins and ends at the time the children start and are dismissed from school. So, instead of picking up the children at 6:00 PM on Friday and dropping them off on Sunday at 6:00 PM, you will pick them up at school on Friday afternoon and return them to school on Monday morning. This gives you one extra overnight period of possession. Additionally, instead of having the children for Thursday dinners during the school year from 6:00 PM to 8:00 PM that same evening, you get the children from the time they are released from school on Thursday until they return to school on Friday morning every week during the regular school year.

With all of the above in mind, if you believe that the safety and welfare of your children will be endangered by compromising on a specific issue, then it’s absolutely a reason to contest your divorce. Attorney’s fees can get expensive during contested divorces in Texas, but some issues are too important to avoid during a divorce – if you do not bring them up now, you may not have the opportunity later. Modifying an existing order can be difficult – you have the burden to show a material change in circumstances since the underlying order was signed. Except in very limited circumstances, you cannot introduce evidence of things which took place prior to the divorce. Furthermore, if an issue was not important enough to bring up in the initial proceedings, the Court will require good cause to show it is important enough to modify an order after the fact.

It is important to weigh the costs and benefits of any legal action in your divorce. However, when it will benefit your children in the long run, this may be the time to dig in your heels and fight.

In your divorce, fighting only for the sake of “winning” will only draw out the process and negatively impact everyone involved. If both of you are excellent parents who love and care for your children, an uncontested divorce will minimize the impact on your children – and you.

Putting it all Together

Before you initiate your contested divorce in Texas, it’s important to decide if your reasons to contest the divorce are worth the added time and expense for you, the other party, and for your children. An expert attorney will help you determine the best course moving forward, working to the best possible outcome for all involved. If you’re looking for a divorce in the greater Houston area, contact Ramos Law Group and schedule your initial consultation with some of Texas’ best Family Law attorneys.

Let’s Rodeo, Houston!

The best time of year has officially arrived…the 2018 Houston Livestock Show and Rodeo (HLSR)! Texas is sure proud of our state and our western heritage.  This time of year, you will find Houstonians dawning their finest western wear to be a part of the festivities. HLSR is a three-week-long event and it takes a village working together to pull it off. In this case, it takes 33,000 volunteers, giving their time and talents to help make the rodeo the huge success that it is each year.

The HLSR is a non-profit 401(c)3 whose mission statement: “promotes agriculture by hosting an annual, family-friendly experience that educates and entertains the public, supports Texas youth, showcases Western heritage and provides year-round educational support within the community.” Since its founding in 1932, the rodeo has given more than $450 million in scholarships to Texas youth.

There is something for everyone to do at the rodeo; it is truly entertainment for the entire family! If your child is an animal lover, attending the event is a must.  They will be able to enjoy pony and camel rides, a petting zoo, and a tent called “We’re Small Y’all” where kiddos have the opportunity to see baby animals.

Maybe your child enjoys riding rides more than seeing the animals – no problem there.  The carnival is open every day to the public and offers all types of rides that accommodate the entire family. Whether you go for the shopping, concerts, fried foods, entertainers or rodeo action, there is so much to do! If you’re looking to save a little money, go to the rodeo on Value Wednesday, when tickets, food and activities are discounted.

The concert lineup this year is off the charts! You won’t want to miss your favorite stars on the big stage! The weekday performances begin at 6:45 p.m., and the weekend performances begin at 3:45 p.m.

Click here for a full concert lineup for the HLSR!

 

New Locations For Ramos Law Group, PLLC.: 

The Woodlands and Sugar Land Offices

The Ramos Law Group, PLLC. is thrilled to announce the opening of two new locations in The Woodlands and Sugar Land. We have been working tirelessly to get these offices operational and we are thrilled that the day has finally come for us to open our doors! Our Family Law attorneys cater to any and everyone who needs help going through divorce, custody concerns and any other family issues.

Houston, TX, March 5, 2018– The Ramos Law Group, PLLC., a Family Law firm, is excited to announce the opening of two new offices located in Sugar Land and The Woodlands. We’ve been working to get these locations open for quite some time and are ecstatic that the day has finally come!

“The most important thing for us is to help our fellow Texans. At the end of the day, if we can help our clients heal, find peace and achieve happiness, then we’ve done our job.” -Mary E. Ramos, Company Founder

Since we have added locations in The Woodlands and Sugar Land, we are more accessible than ever. Our company also operates with 100% transparency. Our rates are all online. Check around on other Family Law websites; this level of openness is unseen in our industry. With a strong staff who only works in Family law, people from all over Houston can come to any Ramos Family Law location and know that they will receive an unparalleled level of customer service. We promise that our Family Law gladiators will fight to make sure that you are taken care of.

“At Ramos Family Law, we offer a ‘Raving Fan Guarantee.’ If our customer is not happy with the service they receive, we offer them up to a $1,000 refund. “ -Alfredo Ramos, Business Futurist at Ramos Law Group

Ramos Family Law, PLLC.  was started in 2004 by Mary E. Ramos who through her efforts and those of her team has grown the organization from a single attorney firm to one with over ten employees and four attorneys.  We are committed to the practice of divorce and family law in Harris, Fort Bend, Galveston and Brazoria County. We have effectively negotiated positive outcomes in complicated divorce, child custody and property division cases while keeping attorney fees under control.

If you would like more information about this topic, please contact Kristy Tatom at (281)225-6200 or email at info@ramosfamilylaw.com.

Have you been searching for tips on how you stay married or keep your marriage intact?

I have based my marriage on five tips that have helped build my marriage foundation and these tips have stayed intact my seven years of marriage. I will give you a tip a month on how I stay married and hope it works for you.

Tip #1:
1. Bonding with your spouse and making them a priority

Marriage is difficult. We tend to put our spouses on the back burner when life and work becomes hectic. However, if we make our spouse a priority and bond with them, we can eliminate the feeling of insecurity and loss of connection. Every spouse wants to feel like they are most important and desires to keep the foundation of a close relationship with their spouse.

The definition of bonding is “a formation of a close relationship especially through frequent or constant association.”

My spouse and I are extremely busy during the week and sometimes only see each other at night for about 10 minutes before one of us falls asleep. We have recognized that the more time we spend apart the more we argue over the little things, which then turn into big things. I am at fault most of the time with making school and work a priority, and not making him a priority during the week. My inability to give us back our connection that we have when we are spending time together plays a HUGE roll in our disagreements.

My Suggestion:  Carve out at least an hour out of your busy schedule to eat dinner with your spouse or just to talk. Making your spouse feel important and bonding with them makes a difference and gives them peace of mind. It will make your week better knowing that you are still connected and dedicating time to them.

Always remember, “If things get tough, remember the journey you started together. Remember why you first fell in love. Don’t give up easily.” – Unknown

Disclaimer:   I am not a counselor. These are just suggestive tips that I have found work for me and my spouse and how we stay married.

It is February and that means love is in the air. Valentine’s Day means candy and flowers for adults, but you don’t want to forget the kids! For children going through and caught in the middle of their parents’ divorce, it is an extra important to remind them they are loved and cherished. Try sending a sweet note in their lunch box, use a heart shaped cookie cutter to cut their sandwich, make a special dinner for you and the kids, or stay in and have a carpet picnic or movie night. You can even take them out on a one-on-one date. It doesn’t have to be a five-star restaurant; just being together will make it more special. You could potentially help them create cards for their siblings. Think about being crafty with their valentine cards, decorative cute little card boxes and fun treats for school!

Valentine’s Day is filled with so much excitement and celebration for the kids at school. It is excitement for them and perhaps a little pressure for the parent to try to come up with cute ideas. Be creative! If you search the internet, you can find printable valentines and tons more. If you want to go the extra mile, spend time with your child creating homemade treats for their classmates. This bonding can be fun, and it doesn’t have to be expensive or even intimidating. Kids still get excited at elementary school parties dumping out their Valentine’s Day box to see their cards and enjoying all the treats. It is certainly an excuse to let you kids eat as much candy and junk food as they want – just make sure they brush their teeth extra well that night! Below are some great ideas to make with your children. You not only get to spend quality time by creating something together, you also get to help ensure their class party is a little extra special this year. The only thing that truly matters is that they know they are loved this Valentine’s Day and every day.

  1. Chocolate Covered Strawberry Hearts

http://onelittleproject.com/chocolate-covered-strawberry-hearts/

  1. Valentine’s Marshmallow Pops

http://www.glorioustreats.com/2011/02/valentines-marshmallow-pops.html

  1. Strawberry Roses

https://www.spendwithpennies.com/how-to-make-strawberry-roses/

  1. Apple Sandwich hearts

http://www.happytogetherbyjess.com/hearts-in-apple-sandwich/

  1. Heart rice krispie pops

https://www.skiptomylou.org/heart-rice-krispie-pops/

  1. Fruit kabobs

https://shmallergy.wordpress.com/2012/02/13/cupids-arrows-valentines-day-fruit-kabobs/

  1. Red velvet sandwich cookies

http://www.bakerella.com/easy-and-easier-valentine-treats/

  1. Chocolate sticks

http://www.superziper.com/2011/01/palitinhos-de-chocolate.html

  1. Valentine’s bark

https://lilluna.com/valentines-bark/

  1. Dipped and decorated pretzels

http://www.5minutesformom.com/49632/kid-friendly-dipped-and-decorated-pretzels-for-valentines-day/

  1. Pink Fuzzy Monster Cupcakes

http://thecakeblog.com/2014/01/diy-love-bug-cupcakes.html

  1. Chocolate Sprinkle Donuts

https://www.lovefromtheoven.com/valentines-day-donuts/

  1. Valentine’s Brownies

https://www.itsalwaysautumn.com/shot-house-valentines-brownies.html

  1. Home made Pop Tarts

http://allrecipes.com/recipe/213567/home-made-top-tarts/?internalSource=streams&referringId=1417&referringContentType=recipe%20hub&clickId=st_trending_b

  1. Chocolate Chip Cookie Heats

https://princesspinkygirl.com/chocolate-chip-cookie-hearts/

  1. Marbled Valentine Sugar Cookies

https://www.bakedbyrachel.com/marbled-valentine-sugar-cookies/

  1. Valentine’s Day Ladybug Oreo Treats

http://formodernkids.com/valentines-day-ladybug-oreo-treats/

  1. Valentine’s Day Chocolate Teddy Bear Bites

https://productivepete.com/2018/01/17/make-chocolate-teddy-bear-bites/

  1. Valentine’s Candy Dog

http://kidfriendlythingstodo.com/2018/01/valentines-candy-dog-fun-kids-craft-treat/

  1. Valentine’s Day Popcorn

http://www.twosisterscrafting.com/valentines-day-popcorn/

These are not only adorable but also look delicious and something your kids class with certainly love to eat on to help celebrate the day! I can promise you that they will certainly remember the time spent together to make their Valentine’s Day all the more special for a while to come.

During this chapter in your life there is going to be situation that arise during your divorce that you are unsure how to handle or address with your young child or teen. This is a confusing time for your young child or teen with them trying to understand what is happening and what is a divorce, understanding their feelings about the current situation, and coming to terms that the two people they love the most will no longer be under one roof.  Giving your young child or teen available resources to better assistant them with understanding the situation and prepare them for what is two come. Children and teens need reassurance that they are not alone during this time and even though everyone won’t be together in the same home, they still have both parents, and they are loved.

Are you facing a situation at home where you child thinks the divorce is their fault, questioning why they are going to have two homes, or just overall trying to understand what is happening between their parents? As a parent, you want to reassure your child that what currently is progressing is not their fault and give them the knowledge that both parents will continue to spend time with them and love them. Below are a few books for children ranging between the ages of 3 – 12 years old to help them understand why they now have two homes instead of one, releasing that divorce is not their fault, and helping them realize they are not alone.

  • Two Homes

By: Claire Masural (Author) &  Kady MacDonald Denton (Illustrator)

Available on Amazon:

  • Standing on My Own Two Feet: A Child’s Affirmation of Love in the Midst of Divorce

By: Tamara Schmitz

Available on Amazon:

  • When My Parents Forgot How to Be Friends (Let’s Talk About It!)

By: Jennifer Moore-Mallinos (Author) & Marta Fabrega (Illustrator)

Available on Amazon:

  • Living with Mom and Living with Dad

By: Melanie Walsh

Available on Amazon:

  • Was It the Chocolate Pudding?:A Story For Little Kids About Divorce

By: Sandra Levins and Bryan Langdo

Available on Amazon:

  • Divorce Is Not the End of the World: Zoe’s and Evan’s Coping Guide for Kids

By: Zoe Stern & Evan Stern

Available on Amazon:

Teenagers are feeling new emotions called puberty and navigating the new unknown world of either middle school or high school, trying to find where they belong. For some teenagers, divorce might not be something they emotionally can comprehend or even fully understand, while they are undergoing their current transition themselves. Providing a resource to your teenager might enable them to better organize their emotions and thoughts on the process. Below are a few suggestions to help your teen understand divorce and the changes that are about to occur in their lives.

  • Now What Do I Do?: A Guide to Help Teenagers with Their Parents’ Separation or Divorce

By: Lynn Cassella-Kapusinski

Available on Amazon:

 

  • Divorce Helpbook for Teens (Rebuilding Books)

By: Cynthia MacGregor

Available on Amazon:

 

  • The Bright Side: Surviving Your Parents’ Divorce

By: Max Sindell

Available on Amazon:

 

Disclaimer: Please note that we have not read the suggested books above but have recommended them based on the synopsis and reviews.

Sex Change Impact On Divorce

“My spouse has transitioned from one gender to another during our marriage, how does that impact our divorce?” For purposes of this question, I am assuming that the spouses were of opposite gender on the date of marriage, as the issue of same-sex marriage in Texas is best left for another entry and could confuse the issues here.

The truth is, that such a question depends on a very fact specific analysis of the history of your relationship, as is the case with almost every issue that can arise in a divorce.

If there are no children, then the answer is, there is not an impact based solely on the fact that your spouse transitioned.  You and your spouse would be divorced, just as any other couple married in Texas.  In regards to the division of property, transitioning alone is not a statutory basis for which a party could request the court to award a disproportionate share of the division of assets.

If there are children, then the answer is, there could be an impact.  Just like any issue in a marriage with children, the court could take into consideration how the parties addressed such a transition with their children and/or the impact on the children.  Although we have no caselaw in Texas regarding a custody dispute involving a transgender parent, it is important to note that the best interest of the child standard includes an examination of the following factors:

  1. Which party can best provide for the child’s physical, psychological, and emotional needs and development;
  2. The cooperation between the parents; and
  3. The child’s preferences.

These are just a few items that the court may consider, but should demonstrate why this is a case and fact specific analysis.

For more information, please consult an attorney to discuss the issue.

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