Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

FREQUENTLY ASKED DIVORCE QUESTIONS

IN DALLAS, PLANO, FRISCO, TEXAS

Our Board Certified Dallas, Plano and Frisco divorce lawyers help families with divorce and child custody.

TEXAS DIVORCE LAWYERS

Frequently Asked Divorce Questions


Going through a divorce can be a stressful process and a difficult experience. Divorce addresses the legal relationships of the people within a family, while the family law aspects of divorce address property division, adoption, custody of children, and the child support obligations. Because family law is the practice of law that relates to relationships and children, it can be one of the most emotional areas of law.  On this page, you will find a general overview of the divorce process and frequently asked divorce questions.


If you have specific questions about Texas divorce, speak to our Dallas divorce attorneys at Wilson Whitaker Rynell today. 


What Services Are Provided by A Family Lawyer?


Family lawyers get involved in many aspects of their client's personal lives, and the practice of family law includes the following:

 

  • Divorce: The dissolution of a marriage;

 

  • Child Custody: Disputes concerning possession and access of children;

 

  • Property Division: Complex division of property, including community property and separate property;

 

  • Enforcement: Enforcing a Court's Order, spousal maintenance payments and child support; 

 

  • Modifications: Changing of a custody agreement or a divorce decree when the needs of the family have changed;

 

 

 

 

Our Dallas TX Family Law Attorneys Can Help

Our team of experienced Dallas family law attorneys at Wilson Whitaker Rynell are proud to serve the families of Dallas County, Texas and Collin County, Texas for over 25 years. John Wilson is a board-certified family lawyer with the Texas Board of Legal Specialization. Our firm will work together on your case and support you during this difficult time.

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FREQUENTLY ASKED DIVORCE QUESTIONS IN TEXAS

  • Who gets full custody in Texas?

    To obtain full custody of your children in Texas, you will need to prove that joint custody would not be in the best interests of the child. Evidence that can be used to prove your position includes the following: Domestic violence, self-endangerment, child endangerment, or Drug abuse.

  • What are the chances of a father getting 50 50 custody in Texas?

    Texas law explicitly states that courts cannot discriminate based on sex when making a custody decision. It is possible to have 50/50 custody in Texas and have equal custody of children often from a social study or other report showing its in the best interest of the children

  • Who can file a Sapcr in Texas?

    • If the child has lived in Texas for at least the last six months (or since birth if the child is very young) or
    • Texas was the child's home state and the child has been gone less than six months.

  • What is Tex Fam Code 102.003?

    Section 102.003(a)(9) grants standing to file a suit affecting the parent-child relationship to non-parents who have had “actual care, control, and possession of the child for at least six months.” 

  • What is a problematic parent-child relationship?

    An unhealthy relationship with parents can deeply impact children. Unhealthy relationships often involve a lack of boundaries, rejection, restrictiveness and overprotection, overindulgence, substance abuse and unrealistic expectations from children.

  • What makes a mother unfit for custody in Texas?

    An unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

  • Can a mom get full custody in Texas?

    The state of Texas refers to full custody—or sole custody—as sole managing conservatorship. There are very limited circumstances where a judge will agree to grant one parent sole custody in Texas but it is possible. In addition, sole managing conservatorship may not be necessary depending on your goals as you may only want certain rights exclusive such as education, medical or psychological.  

  • Does Texas favor mothers in custody cases?

    No. Texas courts do not favor mothers over fathers. In Texas, judges base child custody dispute rulings on the best interest of the child or children. It is important to understand the law when it comes to courts and the discretion the court has when determining child custody and the best interest of the child.

  • What is Texas Family Code 102.005?

    Texas Family Code 102.005 – Standing to Request Termination and Adoption. For example, termination and adoption may be sought by another adult whom the court determines to have had substantial past contact with the child sufficient to warrant standing to do so.

  • What is the Texas Family Code?

    The Texas Family Code is one such body of statutory law, and it contains all the formal rules that govern family law in Texas. As one might imagine, family law is quite broad, and as such, the Family Code covers quite a large range of topics.

  • What is considered toxic parenting?

    Toxic parents create a negative and toxic home environment by using fear, guilt, and humiliation as tools to get what they want and ensure compliance from their children. They are often neglectful, emotionally unavailable, and abusive in some cases. A toxic parent will put their own needs before the needs of their children.

  • What are toxic traits of a parent?

    • They're self-centered. They don't think about your needs or feelings.
    • They're emotional loose cannons. They overreact or create unnecessary drama.
    • They overshare. They share overshare, like inappropriate details about their intimate lives. 
    • They seek control. 
    • They're harshly critical.
    • They lack boundaries.

  • What do judges look for in child custody cases Texas?

    Age and health of the parents (or a non-parent conservator involved in the matter) Special needs of any involved parties. Stability of home environment of the child. Age and health of the child(ren).

  • What age can child refuse to see parent in Texas?

    In Texas, there is no age under 18 that allows for a child to refuse visitation. Visitation is the right of the parent, and it cannot be taken away by the custodial parent or child. The only option would be for the custodial parent to request a modification of orders.

  • How a father can win custody in Texas?

    A father would need to gather evidence and present documentation that there is a history of physical abuse, emotional abuse, sexual abuse, violence, neglect, or another intentional form of misbehavior by the other parent against the child. 



  • When can a child choose which parent to live with in Texas?

    The law allows the judge to interview a child that is 12 years of age or older concerning custody.

  • Can a man win full custody in Texas?

    Fathers in Texas can be awarded full custody of his child or children; however, there mother must be shown to be unfit in some manner such as mental health, child neglect, or other serious issues effecting the best interest of the child.

  • How much does it cost to fight for custody in Texas?

    Retainers anywhere from $6,500 to $25,000 are common for a child custody or family law case in Texas. Unfortunately, complex child custody cases or child custody cases heading for a jury trial might require a down payment of $50,000 or more.

  • What is parental Gaslighting?

    Parental gaslighting is a subtle and covert form of emotional abuse. These parents manipulate to undermine the child's sense of reality and mental stability. Some well-meaning parents may gaslight their children in an attempt to osentibly protect them.

  • What proves a parent unfit in Texas?

    The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

  • How can a mother lose custody in Texas?

    In Texas, it is possible for parents to lose custody of their children in specific circumstances. They may include child abuse, child neglect, and chronic substance abuse or mental health issues on the part of the parent.

  • What factors do judges consider child custody?

    The child's emotional, physical and educational needs will be considered and how any changes in their circumstances will affect the child. The child's age, gender, characteristics and background will all be a factor in the decision process.

  • Can a child be forced to visit a parent?

    The court can order that the child lives with one parent or both parents, and specify when the child lives with each parent. If the child lives with one parent, the court can order when the child is to have contact with the other parent. The contact could be face-to-face, virtual such as Facetime or video, or by phone. 

  • Does Texas favor the mother?

    No. Texas courts do not favor mothers over fathers. In Texas, judges base child custody dispute rulings on the best interest of the child or children. However, it is important to understand the law when it comes to courts and the discretion the court has when determining child custody.

  • What happens when a child refuses to go with a parent?

    It’s important to understand why your child doesn't want to spend time or stay with the other parent. Let your child express their feelings to you without judgment. 

  • Can a mom get full custody in Texas?

    The state of Texas refers to full custody—or sole custody—as sole managing conservatorship. There are very limited circumstances where a judge will agree to grant one parent sole custody in Texas but it is possible. Sole managing conservatorship may not be necessary depending on your goals, but you may consider exclusive rights such as education, medical or psychological in lieu of sole management.

  • How does a judge decide custody Texas?

    A judge will study each case, weigh all factors, determine what would be in the child's best interest, and render that decision. Texas courts do not consider some points—such as a parent's marital status, gender, religion, or race—in determining custody.

  • What is best interest of the child in Texas?

    "The Best Interest of the Child"


    Texas law specifically states that the best interest of the child must be the court's primary consideration in determining issues of conservatorship and possession of and access to the child. (Tex. Fam. Code § 153.002.)


  • What makes a father unfit for custody in Texas?

    The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

  • How long does it take to get a divorce in Texas?

    You can get divorced in Texas is 61 days. However, even an uncontested divorce typically takes about three to four months to finalize due to the court's docket and the schedules of all the parties involved.

  • How long do you have to be separated before you can file for divorce in Texas?

    There are no requirements for marriage separation in Texas prior to filing for divorce. As long as one spouse has been a domiciliary of the state for six months and a resident of the county for 90 days, the divorce can be filed.

  • What are requirements for divorce in Texas?

    To file for a divorce in Texas, at the time the divorce is filed, either spouse must have been living in Texas for the preceding six-month period and a resident of the county in which the suit is filed for the preceding 90-day period.

  • Is Texas a 50 50 divorce state?

    Texas is not a 50/50 community property state. The Texas Family Code requires a just and right division of community property. Judges may divide 55/45 or 60/40 if they see bad behavior on one side, or if there are fault grounds (adultery, cruelty, etc.), or if there is disparity in earning capabilities.

  • Do I have to support my wife after divorce Texas?

    No, spousal support is not mandatory in Texas. In the case of a divorce where a spouse is seeking spousal support, the judge will ensure that the situation meets the requirements laid out in Texas law in order to qualify for spousal support.

  • Can I get half of my husband's 401k in a divorce Texas?

    Most retirement savings plans earned during the marraige – like 401(k)s – can be divided on divorce no matter the length of the marriage. However, the court is not required to split the retirement evenly between the spouses.

  • How is money split in a divorce in Texas?

    Texas Family Code Sec. 3.002, it states that everything you acquire during your marriage – money earned, real estate purchased, and any other property obtained– is considered to belong equally to both spouses and will be divided by the Court.

  • What disqualifies you from alimony in Texas?

    The spouse (who would be paying, also known as the obligor) has been convicted of or received deferred adjudication for a family violence offense against the other spouse or the other spouse's child within two years before filing the divorce or while the divorce is pending. The length of the marriage is irrelevant.

  • What assets are protected in a divorce in Texas?

    Real estate, personal property, financial accounts, certain retirement plans and pensions, and specific employment benefits may be divided during divorce proceedings. However, any property or asset that qualifies as a party's separate property will not be divided in a divorce case.

  • What assets are not included in divorce?

    Typical non-matrimonial assets include: Assets inherited by one of the spouses during the marriage. Assets received as a gift by one of the spouses. Assets already owned by one party before the marriage.

  • Is income an asset in divorce?

    A person's income during the marriage is considered marital property and will be subject to equitable division by the court.

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By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
A woman is sitting at a desk using a laptop computer.
By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
A little girl is sitting on a rope swing.
By Chelsea Lankford 18 Apr, 2024
Parental Alienation | Texas Child Custody Attorneys
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